Prior to this, U.S. biotech company Myriad Genetics held the patent for BRCA1 in Australia, and its claim was upheld by the Federal Court during two earlier cases.
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D’Arcy’s lawyers had argued that genetic material is a product of nature, even if isolated from the body, it can cannot be patented under Australian law.
The arguments used in the Australian case were similar to those applied in the United States, where the Supreme Court ruled in 2013 that the isolation of BRCA1 itself was not enough to render genes patentable.
The case against Myriad Genetics in Australia was led by two-time cancer survivor Yvonne D’Arcy from Brisbane, who endeavoured to make breast cancer genetic testing more affordable for everyone, and open up the research so new treatments for genetic diseases could be developed.
An Australian cancer survivor on Wednesday triumphed in a landmark challenge against medical research companies, with the country’s top court ruling they could not patent a gene linked to breast cancer.
A 69 year-old pensioner from Queensland has succeeded in a David-and Goliath battle against a multinational corporation that claimed a patent over her genes.
Ms D’Arcy said testing would no longer be so costly, adding that no one can really afford it, except for Angelina Jolie.
People pass through “The Field of Women” at the Domain in Sydney, on National Breast Cancer Day.
“Because now they’re forewarned and forearmed”.
There has been concern that the monopoly position of Myriad Genetics stymies research and restricts patient access to tests. “What is important is its effect on the availability of patents in new areas of technology more generally”.
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“It is essential that Australia maintains strong and stable intellectual property protection that will support the development of new biological medicines”, he said.
