State and territory regulation of privacy
2.10 Each Australian state and territory regulates the management of personal information. In some states and territories, personal information is regulated by legislative schemes, in others by administrative regimes.2.11 Section 3 of the Privacy Act states:It is the intention of the Parliament that this Act is not to affect the operation of a law of …
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Read moreRelated privacy inquiries
1.20 During the course of this Inquiry, the Victorian Law Reform Commission (VLRC), the New South Wales Law Reform Commission (NSWLRC) and the New Zealand Law Commission (NZLC) also conducted privacy inquiries. These Commissions and the ALRC produced separate consultation papers and final reports, but worked closely and cooperatively, sharing ideas, information and a number …
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Read moreThe meaning of privacy
1.31 It has been suggested that privacy can be divided into a number of separate, but related, concepts:Information privacy, which involves the establishment of rules governing the collection and handling of personal data such as credit information, and medical and government records. It is also known as ‘data protection’;Bodily privacy, which concerns the protection of …
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Read moreOther industry initiatives
22.61 It has been suggested that the biotechnology industry should adopt self-regulatory solutions to address difficulties in obtaining access to patented genetic materials and technologies. The OECD has proposed that ‘novel solutions, such as patent pools, clearinghouses and collective licensing organisations, should be further explored to understand their potential utility and their real impact on …
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Read moreRole of health departments
19.55 Health departments and other public health organisations are directly affected by the patenting of genetic materials and technologies. Health departments are the main funders and users of these technologies and have a major stake in the effects of the patent system on healthcare provision and medical research. The ALRC has examined whether health departments …
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Read moreIndustry assistance programs
18.57 The Australian Government has introduced a number of programs to address some of the issues outlined above. These include:Pre-Seed Fund—four early-stage venture capital funds established to invest in projects or companies spinning out from universities or government agencies, and to provide management and technical advice;[76]Commercial Ready Programme—provides financial assistance to small to medium-sized enterprises …
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Read moreExploiting patents over stem cell technologies
15.68 In addition to concerns about the patentability of inventions involving stem cell technologies, other issues have been raised about stem cell patents. These focus on the impact of stem cell patents on access to, and the licensing of, stem cell lines and stem cell technologies. The balance of this chapter examines these issues, including …
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Read moreLack of skills and experience
14.26 As discussed above, researchers are increasingly encouraged to participate in the process of patenting and commercialising genetic research.[33] The first stage in translating genetic research into healthcare benefits is the identification of new technology with potential healthcare applications. Once identified, the next stage is obtaining patent protection and subsequently developing the technology into a …
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Read moreMarch-in rights
11.113 Recommendations 11–1, 11–2 and 11–3 are an alternative to a more restrictive approach under which the government maintains residual rights in any publicly funded research, known as ‘march-in rights’.11.114 Concerns about lack of commercially viable research emanating from the public sector led the United States Congress to enact a number of pieces of legislation …
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Read moreIntroduction
11.1 The Terms of Reference direct the ALRC to examine the impact of current patenting laws and practices related to ‘genes and genetic and related technologies’ on the application and commercialisation of research. In doing so, the ALRC is to consider reforms that may encourage the creation and use of intellectual property to further the …
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