D’Arcy v Myriad Genetics Inc. [2015] HCA 35 7 October 2015
The recent High Court Case of D’Arcy v Myriad Genetics Inc. & Anor [2015] HCA 35 highlights the debate over balancing:
1. the rights of inventors and creators to commercialise and profit from their inventions; and
2. the interests and needs of the wider society to be able to access biological developments for research and the improvement of public health and welfare.
Those seeking the protection of intellectual property rights argue that the protection of exclusive rights to the intellectual property enables investment which is necessary for the expensive process of taking research to clinical trials, commercialisation and the market.
Those seeking the protection of human rights argue that the granting of monopoly rights restricts further research and also grants access only to those who can afford to pay, to the detriment, for example of poorer nations.