In the Name of Science: the Experimental Use of Exception in New Zealand

Abstract

An experimental use exception has recently been introduced into New Zealand’s incoming Patents Bill. This addition was made in response to the actions of Myriad Genetics Ltd, a large international biotechnology company which began enforcing its patent rights in a genetic based research tool against public and academic research institutions. In light of this development this paper considers the appropriate approach to the issue of experimental use in the New Zealand context. It considers both the current and proposed exceptions in light of patent policy. The scope of the proposed exception is also examined with reference to the TRIPS agreement, comparative examples and the guidelines within the example itself. This paper also considers the unique position of research tool patents and suggests some possible mechanisms for dealing with them outside of the proposed experimental use exception.