Intellectual Property & Biotechnology

How to use this Handbook

Who is this handbook for?

This handbook does not assume any background in intellectual property law or in biotechnology. It is aimed at a general audience, including scientific researchers, public research institutions, commercial research institutions, businesspeople, industry associations, academics, lawyers, policy makers, officials in government intellectual property offices and individuals with an interest in biotechnology and intellectual property. Part Two, on managing intellectual property, is written mostly from the perspective of researchers in public sector institutions and universities, but should be of interest to other groups as well.

What is the aim of the handbook?

The handbook does not attempt to provide advanced technical training in the complex field of intellectual property and biotechnology. It does aim at giving an overview of the key concepts and the legal framework, and a practical understanding of how they are applied in practice. It is therefore intended to provide basic tools for using the IP system and to lay the groundwork for further study and research.

Using the handbook

This handbook is designed with ten self-contained modules. It can be used:

• for an intensive specialist training course, which covers all the modules at once; or
• for specific training on one particular topic (e. g. using patent information or plant breeder's rights), when you can pick and choose which modules to do accordingly.

The modular structure of the handbook is intended to ensure it can be used flexibility. This means there is some overlap in subject matter between modules, but this has been found helpful in consolidating understanding when undertaking longer training courses. The handbook can be used for individual or group training. It was created and tested as a resource for group training activities ranging from two days to two weeks. The exercises are therefore written with the needs of a group in mind, particularly the major exercises on patent law in Module Five and Module Six. To be run as planned, the major group exercises will need some advance organisation (including the availability of facilitators if possible), and preparation of the individual bundles of documents for each dist inct group. Individual users of the handbook can work through the group exercises considering the perspective of each separate interest group represented in each case.

Each module follows the same format. The objectives for each module are set out at the beginning so that you know which are the most important points for you to focus on. Most modules include examples to help you understand the issues discussed. Each module also concludes with a summary. Each modules has a set of group exercises. These are not intended for assessment purposes, but rather to stimulate group discussion about the issues raised, and to give some practical experience in applying the information and skills covered in the module. Individual users of the handbook can also use these exercises to check whether they have understood the material covered in the module before moving on.

Please Note

This handbook is designed to provide a practical introduction to the nature and management of intellectual property rights in relation to biotechnology. It is intended to contribute material for use in training courses, to assist in raising awareness of some of the complex issues that surround the protection and management of intellectual property in the field of biotechnology, and to assist in the development of practical skills.

The handbook does not seek to provide legal, managerial or technical advice on intellectual property law. It should in no way be considered a substitute for expert legal, technical and managerial advice. You should seek qualified professional advice on any aspect of intellectual property law and management, and should not rely on this handbook. This handbook does not expressly represent the official view of the Australian Government or any of its agencies, and is not intended to sanction or advocate any particular policy position or viewpoint.

We have endeavoured to ensure that the contents of this handbook are accurate and correct, but there may be errors or omissions. Kindly advise of any errors, inaccuracies or significant omissions to the address below so they can be rectified in later versions. Comments and suggestions as to how the handbook could be usefully enhanced or extended would also be gratefully received.

Enquires concerning the Handbook can be directed to: 

The Director
International Intellectual Property Section
Office of Trade Negotiations
Department of Foreign Affairs and Trade
Barton ACT 0221 Australia

Telephone: + 61 2 6261 2039
Fax: + 61 2 6261 3514 
Email: ip@dfat.gov. au

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