Myriad Genetics Inc: patenting of isolated human DNA - a missed policy opportunity or judicial interpretation supporting a judicial minimalist status quo (Part 2)

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This part continues the examination of the Myriad decision. This commences with the examination of the Myriad Genetics Inc appeal to the Australian High Court. This decision is compared to the Supreme Court of America Myriad Genetics Inc decision followed by a discussion of policy objectives for patentable subject matter. An examination of the conflict between social economic policies and judicial minimalism as the legal policy in both jurisdictions is developed to explain why this is a missed opportunity to change the legal considerations of policy by the judiciary.
Original languageEnglish
Pages (from-to)403-412
Number of pages10
JournalEuropean Intellectual Property Review
Issue number7
Publication statusPublished - Jun 2017


  • Patents DNA, social & economic policy

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