Australian Appeals Court Upholds Patents on Isolated BRCA1 DNA
By Robert Cook-Deegan,
Genomics Law Report
| 09. 30. 2014
On September 5, the Federal Court of Australia (the appeals court) upheld a claim on isolated DNA from the BRCA1 gene. It dismissed Yvonne D’Arcy’s appeal of a case that has attracted international attention. Australian patent 686,004 has never been enforced, so the court decision has little real-world concrete impact. As Richard Gold and Julia Carbone explained in their classic case study, “Myriad Genetics: In the Eye of the Policy Storm,” the patent rights on BRCA1 and BRCA2 were exclusively licensed for use in Australia and New Zealand to Genetic Technologies, Ltd. (GTG), which in turn made them a “gift to the people of Australia.” When the CEO of GTG proposed taking back that gift in the summer of 2008, he provoked a firestorm and the company backed down in October, restating that it would not enforce its patent rights against laboratories offering BRCA testing. The Australian Senate held a series of hearings, and a bill proscribing DNA sequence patents was proposed, but the new government opposed it, and it lapsed. Instead, Australia enacted patent reforms in 2012 that raised...
Related Articles
Media coverage of recent developments in embryo gene editing might seem to suggest that gene-edited babies are close to becoming a reality. As tech billionaires eager to profit off of techno-eugenics invest in “designer baby” technologies, attempts to normalize heritable genome editing – which remains unsafe and raises significant ethical and societal concerns – are especially dangerous. It’s worth taking a closer look at these developments and what they mean, in a way that pushes back on narratives normalizing the...
By Roxanne Khamsi, The Atlantic | 07.07.2026
When Ludivine Verboogen and Romain Alderweireldt’s third child was born in Belgium in late 2015, they marveled at his long fingers. Perhaps one day he will be a famous pianist, they thought. But soon Ludivine grew worried that her son...
By Julia Métraux, Mother Jones [cites CGS' Katie Hasson] | 07.07.2026
During his 2015 State of the Union address, then-President Barack Obama announced what he promised would be an ambitious public health project. “Tonight, I’m launching a new Precision Medicine Initiative to bring us closer to curing diseases like cancer and diabetes...
By Carl Zimmer and Marco Hernandez , The New York Times | 07.01.2026
Scientists have long dreamed of discovering the alchemy by which chemicals can be turned into life. On Wednesday, a team at the University of Minnesota announced that it had taken a major step toward that vision.
Blending together dozens of...