12/02/2010 - 12:28

High Court rejects UWA's Gray appeal

12/02/2010 - 12:28

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The High Court has knocked back an appeal application from the University of Western Australia over the intellectual property battle involving Perth scientist Bruce Gray.

The High Court has knocked back an appeal application from the University of Western Australia over the intellectual property battle involving Perth scientist Bruce Gray.

UWA had applied to the court for a leave of appeal, however that was turned down today.

The university was appealing against a Federal Court decision, first delivered in 2008 and then upheld last year, over a liver cancer treatment that was developed by Dr Gray.

UWA has argued the treatment, which is now being commercialised by east coast company Sirtex Medical, was developed while Dr Gray was employed by the university, and was therefore entitled to a share of the profits.

Sirtex was founded by Dr Gray.

UWA vice chancellor Alan Robson said the university was disappointed with the outcome of its legal action.

"The University's course of action was a matter of principle that had important ramifications for the protection of intellectual property and the flow-on benefits of university-initiated research to the broader community," Professor Robson said.

He added that a consequence would that it could become more difficult for universities to obtain funds of commercialisation of research that was carried out by staff members. Universities would then put this funding towards further research.

"This could have extremely important ramifications for research, not only in universities but at other research organisations, in Australia and around the world," Prof Robson said.

 

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