Legal fight over cattle genome underway in Melbourne’s Federal Court – ABC Online

Who owns the genome of a cow? That is, the complete genetic material encoded in the DNA of the animal.

That's the basis of hearing underway this week before the Federal Court in Melbourne.

In 2010, the Australian Patent Office granted a patent titled 'Compositions, methods and systems for inferring bovine traits', to commodities giant Cargill USA and Branhaven LLC.

When Meat and Livestock Australia (MLA) found out about the patent early last year it launched an appeal along with Dairy Australia.

MLA believes the patent's broad claims potentially mean it extends to around two thirds of the bovine genome, including almost every economically valuable trait, such as beef tenderness, marbling in meat, and milk production.

It has raised serious concern at MLA and Dairy Australia because the two organisations invest a significant amount of their levy payers' money into cattle research, with an increasing focus on genomics.

The organisations believe the patent will maintain the high price of genomic testing for beef and dairy farmers, while also having a chilling effect on Australian research into cattle genomics.

Barrister Katrina Howard SC, on behalf of MLA, argued before Justice Jonathan Beach on Monday that the claims in the patent granted to Cargill USA and Branhaven LLC used scientific and statistical tools that would have been well known and understood by a person skilled in genomic mapping at the patent's priority date, 2003.

But on Tuesday, Branhaven's legal counsel argued the methods used to identify these traits had never been used at the time of the patent's priority date, that they were theoretical at the time, and their significant investment in applying them and identifying the traits represents a real invention.

Two years ago, the High Court unanimously ruled a patent could not be granted over genetic information, because it is a discovery of nature, not an invention.

Cargill Australia is not defending MLA's appeal, but the USA-based parent company is the joint owner of the patent. In the courtroom this week, only Branhaven's legal representatives are fighting the appeal.

Information about Branhaven is sparse, but in joint press releases with Cargill USA, it is described as a "private holding company focused on acquiring companies with strong intellectual properties".

Today the court will hear evidence from a panel of expert geneticists from Australia and the USA, who'll give evidence in a 'hot tub', or concurrent style.

The hearing will run until Thursday with a decision to be handed down later.

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Legal fight over cattle genome underway in Melbourne's Federal Court - ABC Online