APPENDIX 1

APPENDIX 1

LIST OF PUBLIC SUBMISSIONS, TABLED DOCUMENTS AND ADDITIONAL INFORMATION AUTHORISED FOR PUBLICATION BY THE COMMITTEE

Submissions received

1

Partington, Mr Michael

2

Sutherland, Dr G K

3

Ronan, Dr Anne

4

Centre for Governance of Knowledge and Development (Dr Luigi Palombi) 

5

Lawson, Dr Charles

6

Winfield, Ms Bee

7

Australian Medical Association

8

Hamblin, Dr John 

9

Kirk, A/Professor Judy 

10

Such MP, The Hon Bob 

11

Haskell, Professor Dennis and Ms Rhonda

12

National Health and Medical Research Council 

13

Wahlstrom, Emertius Professor Jan 

14

Western Australian Government

15

Willcox, Professor Mark

16

South Australian Government

17

Sarnoff, Professor Joshua D
Kahn, A/Professor Jonathan
Andrews, Professor Lori B 

  • Supplementary submission received 24.04.09

18

Australian Law Reform Commission

19

Department of Innovation Industry, Science and Research and IP Australia 

  • Supplementary submission dated 30.09.09

20

Moir, Dr Hazel 

21

Medicines Australia

22

Hawkins, Ms Naomi

23

Nicol, Professor Dianne and Nielsen, Dr Jane 

24

Genetic Technologies Limited

25

Bath, Mr David

26

Walter and Eliza Hall Institute of Medical Research

27

Davies Collison Cave 

28

Peter MacCallum Cancer Centre 

29

Biotechnology Industry Organization

30

Breast Cancer Action Group NSW 

31

Institute of Patent and Trade Mark Attorneys of Australia

  • Supplementary submission dated 07.09.09
  • Additional supplementary submission received 06.08.10

32

Office of the Gene Technology Regulator

33

Human Genetics Society of Australasia

34

FB Rice & Co 

35

Country Women's Association of NSW 

36

The Intellectual Property Research Institute of Australia

37

Swedish National Council on Medical Ethics 

38

Christie, Professor Andrew

39

Leary, Professor Jennifer

40

National Coalition of Public Pathology

41

Royal Australasian College of Surgeons

42

George, Ms Anna

43

Medical Technology Association of Australia 

44

Johnson & Johnson Family of Companies Australia

45

Rimmer, Dr Matthew

46

Saul, Dr Ben 

47

Cancer Voices NSW 

48

Breast Cancer Network Australia

49

Royal College of Pathologists of Australasia

50

Cancer Council Australia

51

Pfizer Australia

52

Australian Marfan Foundation 

53

Tasmanian Government 

54

New South Wales Government

55

Coyte, Dr Belinda

56

Carey, Ms Trish 

57

Intellectual Property Committee of the Business Law Section of the Law Council of Australia 

58

Royal Australian and New Zealand College of Obstetricians and Gynaecologists

59

Johnston, Mr Adam

60

Centre for Governance of Knowledge and Development (Professor Peter Drahos)

61

Victorian Government

62

Department of Health and Ageing 

63

MADGE 

64

Wylie, Ms Alison 

65

Ninham, Ms Veronica

66

Skippings, Ms Tracy

67

Campbell, Dr M

68

Gill, Dr Deepak

69

Parke MP, Ms Melissa

70

Xenome Limited

71

CSL Limited

72

Association of Australian Medical Research Institutes

73

Bourne, Mr Paul

74

Chartered Institute of Patent Attorney's

75

AusBiotech

76

Heffernan, Senator the Hon Bill

77

Beardsell, Mr Harry 

78

Rijk Zwaan Australia 

Tabled Information

1

Breast Cancer Network Australia (Submission 48)

  • 'The key issues for BCNA's members' tabled at hearing 03.08.09

2

Cancer Council Australia (Submission 50)

  • Letter to Senator the Hon Humphries tabled at hearing 18.05.10

3

Cancer Voices NSW (Submission 47)

  • Opening statement from hearing 05.08.09


4

Department of Innovation Industry, Science and Research and IP Australia  (Submission 19)

  • Opening statement for hearing 20.08.09
  • Copy of Patent No. 13,427/23 application dated 19 July 1923, provided at hearing 20.08.09
  • Copy of Patent No. 11,047/19 application dated 8 May 1919, provided at hearing 20.08.09
  • 'Timesframes of ACIP Review and IP Australia's IP Reform Project', tabled at hearing 15.06.10

5

Heffernan, Senator the Hon Bill (Submission 76)

  • Correspondence by Genetic Technologies referred to in questions, tabled at hearing 19.03.09
  • Proposed amendments to the Patents Act, tabled at hearing 20.08.09

6

The Intellectual Property Research Institute of Australia (IPRIA)  (Submission 36)

  • Copy of overheads of presentation provided at hearing 03.08.09

7

Moir, Dr Hazel (Submission 20)

  • Boldrin & Levine: Against Intellectual Monopoly, Chapter 9: The Pharmaceutical Industry, provided at hearing 20.08.09

8

Nicol, Professor Dianne and Nielsen, Dr Jane (Submission 23)

  • Copy of articles they authored tabled at hearing 03.08.09:
  • Whither patent use without authorisation in Australia? Federal Law Review, v36 no.3 2008, pp333-364
  • Patents and Medical Biotechnology: An empirical analysis of issues facing the Australian industry, Centre for Law and Genetics, Occasional Paper No.6/2003

Additional Information

1

Australian Competition & Consumer Commission

  • Comments on issues concerning competition law, exceptions from the TPA and Genetic Technologies Ltd's patent rights over BRCA1&2 testing, dated 16.10.09

2

Australian Marfan Foundation  (Submission 52)

  • Additional information dated 10.08.09

3

Breast Cancer Network Australia (Submission 48)

  • Response to Senator the Hon. Heffernan submission, received 29.04.10

4

Cancer Council Australia (Submission 50)

  • Response to questions on notice arising from the hearing 05.08.09, received 18.08.09
  • Correspondence clarifying the Council's position on evidence received dated 15.12.09
  • Response to Senator the Hon Heffernan submission, dated 22.04.10

5

Cancer Voices (Submission 47)

  • Response to Senator the Hon Heffernan submission, dated 09.04.10

6

Centre for Governance of Knowledge and Development, (Dr Luigi Palombi) (Submission 4)

  • Responses to questions on notice from hearing 19.03.09, dated 02.04.08 and received 06.05.09
  • Copy of presentation at hearing 14.09.09

7

Christie, Professor Andrew (Submission 38)

  • Response to question on notice arising from hearing 04.08.09, received 02.10.09

8

Coyte, Dr Belinda (Submission 55)

  • Additional information concerning gene testing, received 19.08.09

9

Department of Innovation Industry, Science and Research and IP Australia (Submission 19)

  • Response to questions arising from the preliminary briefing 19.03.09, dated 04.06.09
  • Response to question regarding exclusions from patentability under TRIPS and AUSFTA, dated 29.07.09
  • 'Estimating the Patent Premium: Evidence from the Australian Inventor Survey', P.H. Jensen, R. Thomson and J. Yong, May 2009, received 07.08.09
  • Response to question on notice arising from hearing 20.08.09, received 31.08.09
  • Response to question on notice arising from hearing 20.08.09 concerning copies of two patent applications, dated 01.09.09
  • Clarification of evidence relating to the 202 Australian patents, dated 07.09.09
  • Response to a question arising from the hearing 20.08.09 regarding ALRC recommendations, dated 07.09.09
  • Response to question on notice arising from hearing 20.08.09, received 07.09.09
  • Response to Senator the Hon. Heffernan submission, dated 08.04.10
  • Correction to IP response to Senator the Hon. Heffernan's submission, received 03.05.10
  • Clarification of evidence from hearing 18.05.10, received 07.06.10
  • Response to questions on notice arising from public hearing 15.06.10, received 30.07.10

10

Genetic Technologies Limited (Submission 24)

  • Web Link to articles relating to the granting of patents on human genes, received 31.03.09

11

The Intellectual Property Research Institute of Australia (IPRIA) (Submission 36)

  • 'An Empirical Investigation into Patent Enforcement in Australian Courts', K. Weatherall and P.H. Jensen, received 03.08.09

12

Medicines Australia (Submission 21)

  • Response to a question arising from the hearing on 05.08.09, dated 28.09.09

13

Moir, Dr Hazel (Submission 20)

  • Response to two IP Discussion papers dated 06.05.09
  • Submission to the ACIP Review of patentable subject matter 2008, received 15.09.09
  • Response to a question on notice arising from the hearing 20.08.09, received 16.09.09
  • Response to Senator the Hon. Heffernan submission, dated 02.05.10

14

National Health and Medical Research Council (Submission 12)

  • Response to questions concerning SCNIA gene and its association with Dravet syndrome, dated 23.04.09

15

Nicol, Professor Dianne and Nielsen, Dr Jane (Submission 23)

  • Additional information regarding patent pooling arrangements arising from hearing 03.08.09, received 31.08.09

16

Pfizer Australia (Submission 51)

  • Additional information commenting on a ban on gene patenting, dated 30.04.09

17

Rimmer, Dr Matthew (Submission 45)

  • Additional information relating to a US lawsuit which argues that patents on two human genes associated with breast and ovarian cancer are unconstitutional and invalid, received 13.05.09
  • Additional information regarding higher threshold standards for patent validity arising from the hearing 20.08.09, received 21.08.09

18

Royal College of Pathologists of Australasia (Submission 49)

Documentation received following hearing 03.08.09:

  • 'Genetic Testing in the 21st Century: Are we ready?', Royal College of Pathologists of Australasia
  • 'Report of the Australian Genetic Testing Survey 2006', Royal College of Pathologists of Australasia
  • Clarification of evidence and response to question arising from 04.08.09 hearing, received 16.08.09
  • Copy of the presentation from the Chair of the US Secretary's Advisory on Genetics, Health and Society received 16.10.09
  • Meeting summary of Secretary's Advisory Committee on Genetics, Health , and Society (SACGHS) October 8-9 2009, received 20.10.09
  • "The Supreme Court, Process Patents, and Medical Innovation',  A. Kesselheim, New England Medical Journal; 361:24
  • 'Who Owns Science? The Manchester Manifesto', University of Manchester, Institute for Science Ethics and Innovation, November 2009

19

Walter and Eliza Hall Institute of Medical Research (Submission 26)

  • Response to question arising from hearing 03.08.09, received 03.08.09

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