The precis

JLIS vol 20 issue 1. Nicol

The patentability of DNA continues to capture the attention of lawyers, politicians, scientists, the popular press and the public alike. Many thousands of patents relating to DNA have been granted, and many tomes have been written on the desirability or otherwise of allowing this practice to continue. Yet here we are, apparently as far awayfrom settling this issue as ever. In reflecting on the appropriateness of DNA patenting, it is necessary to consider whether the law is in need of reform. Is there a problem with DNA patenting and, if there is, can we leave it to themarket to sort this problem out for itself? My argument in this article is that we must have some knowledge about how the market is dealing with DNA patenting: we need to explore the evidence. This article provides an historical account of the body of evidence that has emerged over the past decade or so on the consequences of allowing DNA patents, including recent work undertaken by myself and my research team focusing specifically on the Australian biotechnology industry. This article is intended to provide a reference point for a follow-on special issue of this journal: The Role of Law in DNA Patenting.

[click here for article and abstract]