International saga on gene patents – between medical and legal uncertainties

In short


17 May 2021


14:30 - 16:00



This presentation is inspired by the international litigation chronicle of Myriad Genetics that remains of topical importance in the judicial and academic discourse regardless of the time that passed since.

The issue of gene patenting and patenting of genetic diagnostic testing is significant, both theoretically and practically. Notwithstanding the expiration of patents that constituted the subject matter of the Myriad’s various lawsuits (in the U.S., Australia as well as at the European Patent Office), the problem still remains currently relevant, because the judgments in individual cases did not answer all the questions, but in some way only prepared a path for future decisions. The domain of genetic diagnostics is under continuous development and in the future will reveal many new scientific discoveries and (possibly) inventions. The lack of uniform and transparent rules in this field, and well-defined boundaries for potential monopolies constantly brings not only uncertainty for medical practitioners and scientists, but also real disadvantages for the patients.

Dr Agnieszka A. Machnicka – Lectoraat Multilevel Regulation

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