Legal Aspects of Human Genome Patenting: The Case of Legislative and Judicial Regulation in Australia

The paper considers the Australian experience of human genome patenting legal regulation, and studies the Australian court practice on this issue. The aim of the study is to examine the approaches of the Australian law enforcement agencies to one of the most important aspects of the genome research legal regulation, i.e. human genome patenting, and to compare them (to conduct a comparative analysis) with the approaches of the judicial authorities of other states (USA). The authors note that, based on the Australian court practice, patenting of human DNA is possible, which makes the development of research in the human genome quite attractive for commercial companies, since it protects the possibility of such companies to obtain economic benefits from the use of scientific developments. The authors point out that the issue of patenting of an isolated genetic sequence has been the subject of litigation in other jurisdictions (in particular, the United States) involving the same defendant (Myriad Genetics). It is emphasized that, despite the similarity of legal systems, the identity of the subject of claims, the judicial authorities of the United States and Australia have formulated different approaches to determining the possibility of patenting human DNA.

1. . Budyakov O.E. Intellectual property rights patents and their functions: author. dis. ... Candidate of Legal Sciences. - M., 2017 .-- 172 p.

2. Ponomareva D.V. Patenting of human genes: judicial practice in the USA, Canada and Australia // Actual problems of Russian law. 2019. No.9. Р. 166-173.

3. Intellectual property law. Patent law: textbook // under the general. ed. L.A. Novoselova. M ..: Statute, 2019.

4. Law and modern technology in medicine / Otv. ed. A.A. Mokhov, O.V. Sushkova. M .: Prospect. 2019.443 р.

5. Sorokina EM, Moskovkina E.K. Protecting the rights of the child in disputes related to the conduct of genomic research, as exemplified by the Greenberg v. Scientific and Research Institute of the Miami Children's Hospital // International Legal Courier. April-July 2019. C. Р. 15-19

6. Tkachuk V.V. The consequences of the decision of the US Supreme Court in the case of “Association for Molecular Pathology v Myriad Genetics, Inc” for the regulation of genomic research // Law and modern technology in medicine / Ed. ed. A.A. Mokhov, O.V. Sushkova. M .: Prospect. 2019. Р. 168-172.

7. R. Cook-Deegan Ch. Haeney Patents in Genomics and human genetics, Annu Rev Genomics Hum Genet. 2010 Sep 22: 11: 383-425 // URL: https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2935940/

8. D. Kumar, D. Weatherall Genomics and Clinical Medicine // Oxford University Press. 2008