Abstract
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 language | English |
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Pages (from-to) | 403-412 |
Number of pages | 10 |
Journal | European Intellectual Property Review |
Volume | 39 |
Issue number | 7 |
Publication status | Published - Jun 2017 |
Keywords
- Patents DNA, social & economic policy