Centre for Law and Genetics
Intellectual Property and Diagnostics
Funding Source: IP Australia
Commencement date: 2017
Project Status: Current
This project was commissioned by IP Australia in response to the 2015 High Court of Australia decision in the case of D’Arcy v Myriad Genetics. The case concerned the patentability of DNA sequences (in particular, sequences over the BRCA gene) in Australia, but had broader implications for patentability in the genetic diagnostic testing area. This project attempted to analyse whether the decision has had a discernible impact on the cost of genetic diagnostic testing. The methodology for the project involved analysis of relevant case law, literature reviews and interviews with stakeholders in the genetic diagnostic testing sector.
In summary, it was concluded that there are a number of factors that have impacted on the cost of genetic diagnostic testing over the previous decade, and that it is very difficult to attribute any reduction in cost to one particular factor, including the D’Arcy decision. The outcomes will be published during 2018/2019.