Intellectual property ownership
11.21 One of the issues in the commercialisation of research is where intellectual property rights should vest to ensure the public benefits from the research it helps to fund. This involves considering which organisation will most effectively exploit intellectual property to realise these benefits.11.22 Currently, a mixture of contract, common law rules and legislative mechanisms …
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Read moreIntellectual property and public funding
11.58 As discussed above, most health-related research in Australia is publicly funded. This raises issues about the role of the funding body in decisions about the commercialisation of any resulting research.11.59 Neither the ARC nor the NHMRC assert rights to the ownership of intellectual property arising out of their funding.[45] They have stated that they …
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Read moreChallenges to patent rights
9.2 Opportunities to object to the grant of patent rights exist at each stage of the patenting process—prior to acceptance of a standard patent application, after the Commissioner of Patents has accepted an application, and after a patent has been sealed. The mechanisms for challenging patent rights are discussed below.[1]Intervention in the examination process9.3 Under …
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Read moreExamination guidelines for biotechnology patents
Australia8.42 As discussed in Chapter 16, the Australian biotechnology industry is still in the early stages of development. One consequence of this is that there has been limited judicial consideration of how patent law applies to biotechnological inventions.[72] Little specific guidance is available to patent examiners in assessing whether a particular biotechnological or genetic invention …
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Read moreMaintaining patent rights
5.47 A patent holder must pay the prescribed maintenance fees to keep a patent in force.[75] Fees are due annually, commencing on the fifth anniversary of the filing of the complete application for a standard patent.[76]5.48 For a standard patent, maintenance fees increase incrementally from $180 (payable on the fifth anniversary) to $1,000 (payable on …
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Read moreA brief history of gene patents
Accommodating new technologies3.11 The patent system is over 400 years old. It has accommodated the arrival of many new technologies including: inventions associated with mechanics in the industrial revolution; electricity and electronics; industrial and chemical materials; food production and agriculture; scientific instruments and devices; transportation and energy; warfare; medical devices and pharmaceutical products; computing and …
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Read moreFinal Report
1.18 The organisation of this Report largely follows that of DP 68, with the material divided into eight substantial Parts, each of which contains a number of chapters. It is hoped that the use of small, targeted chapters will allow readers to identify and focus upon those parts of the Report that most concern them.1.19 …
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Read morePart G. Non-Voluntary Uses
There are various mechanisms in the Patents Act to permit access to patented genetic inventions without the consent of the patent or licence holder. Part G examines the Crown use and compulsory licensing provisions.Crown use provisions are an important mechanism through which government and its agencies may, in specific cases, address concerns that gene patents …
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Read more18. Children’s involvement in criminal justice processes
192National standards for juvenile justice should be developed to reflect Australia’s international commitments and ensure a proper balance between rehabilitation, deterrence and due process.Implementation. The standards should be developed by OFC in consultation with the relevant State and Territory authorities, the legal profession, community groups, peak bodies such as juvenile justice advisory councils and young …
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Read more14. Children’s evidence
91 National interview standards should be developed and adopted for all interviews of potential child witnesses. These national standards should require thatall professionals responsible for investigating and interviewing potential child witnesses have appropriate training in child psychology and development, non-misleading questioning techniques and the rules of evidence for the various proceedings in which children may …
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