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Breast cancer gene BRCA-1 cannot be patented, High Court rules

Updated 8 minutes ago

The High Court has ruled the breast cancer gene BRCA-1 cannot be patented.

Two-time cancer survivor Yvonne D'Arcy has led the legal battle over the ownership of the patent by US company Myriad Genetics.

At the heart of the case was the concern that ownership of the gene patent could stifle the research and development of treatments for genetic diseases.

Myriad Genetics argued patents ensured innovation could be commercialised for everyone's benefit.

Before the Australian case, the United States Supreme Court ruled genes were not patentable inventions but were instead inventions.

More to come.

http://www.abc.net.au/news/2015-10-07/breast-cancer-gene-cant-be-patented-high-court-rules/6833232

The decision must reverse the 9-0 Full Court of the Federal Court of Australia decision on September 5 2014.