October 2001
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Newsletter of the Australian Society for Medical Research Presidents Report Election 2001 Dr Peter OLoughlin, October 2001 Political medical research support be The approaching Federal election distributed through the NHMRC will be fought at least in part on the who will determine the appropriate comments from basis of the science, education and balance between priority driven innovation policies of the major and parties. While the governments investigator position on innovation (Backing driven Australias Ability) seems research. reasonably clear, at this stage the The detail of the opposition plans have HMRSR Meg Lees not been released. The gist of the recognised Australian Knowledge Nation policy is very that pro innovation and education, but Curiosity driven, investigator Democrats Kim Beazley has made it clear that a initiated, peer-reviewed Labor government would proceed fundamental research is the with caution and their plan for foundation of our current success delivery of initiatives in this area and it must remain so. will stretch over 10 years. Over the course of this year The Labor Party has indicated in various members of the Executive meetings with members of ASMR have joined me in meetings with a Executive that it is interested in number of key politicians. Some of Jenny allocating at least some funding for the more important issues that targeted research objectives. We have been raised in these Macklin have urged that the allocation of meetings include: Australian Labour any such strategic funds be n the need for rapid Party determined by strategic need in this implementation of any new country. The Health and Medical investments to encourage Research Strategic Review innovation. recognised a requirement for n the need to encourage priority driven strategic research to philanthropy. address local issues that are n distribution of new unique, significantly over- represented or more severe, and project-related yet under-researched in infrastructure Australia. It recommended that should target the Dr Michael Australia develop a consultative organisations which incur Wooldridge priority-setting program, managed the research project costs. Liberal Party of through an enhanced NHMRC, to n the need for an evidence- based approach to regular Australia establish priorities across the full array of health issues. The review of government distribution of strategic research spending on medical funds through any other research. We suggest that mechanism runs the risk of the appropriate indicator allocation on the basis of effective shouldbe the average per lobbying by special interest groups capita government rather than on the basis of expenditure on medical Australias unique needs. The research in OECD ASMR recommends that all countries. Continued Page 2 Print Post App 25500300067 1 Presidents Report, continued Politicians visited: Michael NHMRC funding). research Expos into all capital Wooldridge, David Kemp, cities and Canberra also Jenny Macklin, Carmen It is useful in your contributed to a more national Lawrence, Martyn Evans, communications with focus for the Society. This Martin Ferguson, Senator politicians to indicate firstly, growth was made possible by Kelvin Thomson, Senator Kim how medical research funding a grant of $135,000 from Dept Carr, Senator Meg Lees, affects you as an individual of Health and Aged Care. Senator Rod Kemp, Senator (eg, job security, ability to Peter Cook and Senator Alan employ other researchers and ASMR is routinely invited by Eggleston. the importance of funding the Department of Health and your particular area of Aged Care to attend the ASMR Election strategy: research) and secondly the Federal Budget lockup and In the lead up to the Federal importance of medical this year that duty was Election, ASMR has research in general. The fact undertaken by Rohan Baker. distributed a Fact Sheet to sheet will assist particularly in There were no surprises in assist members in writing to the latter. this years budget, with the and/or meeting with expected appropriations for candidates for election. The General the Backing Australias Ability facts and figures contained in ASMR has worked to being announced. The the document will be useful in strengthen its national focus forward projections for the putting the case for Australian this year. The March Board innovation plan indicated that Health and Medical Research meeting was held in Perth for only a disappointing 2/3rds of and to ensure HMR is on the the first time, with the the promised $2.9b is political agenda. intention of meeting with key accounted for in the first 4 members of the West years of the 5 year plan. I urge you to write letters to Australian Branch and the Cabinet and Shadow establishing contact with ASMR has made submissions Cabinet. ASMR believes it is politicians based in WA. by invitation to the following particularly important Politicians who attended Reviews: Review of the NSW members also target local functions with members of the Cancer Council Act, Inquiry candidates with letters and Board included Mike Board into matters arising from the where possible, face-to-face (State Shadow minister for Post Mortem and Anatomical meetings. Experience has health), Carmen Lawrence Examination Practices of the shown us that this strategy (Shadow Minister for Institute of Forensic works (ie, the 1998 ASMR Industry, Innovation and Medicine, NSW, Child Health Campaign, laid the ground Technology) Senator Peter Research Institute, SA, work which allowed the Cook (deputy leader of the Womens & Childrens Minister for Health to opposition in senate), Sen Hospital, SA. successfully call for the Alan Eggleston and Julie Health and Medical Research Bishop. Peter OLoughlin PhD Strategic Review which President, ASMR resulted in the doubling of Expansion of the medical 2/10/01 Events 2001 Joint ASM HSANZ & ASBT Oct 21-24 , Brisbane Convention Centre, www.hszanzasbt2001.im.com.au Genetics & Public Health Short Course October 26-29, 2001,University of Sydney, www.health.usyd.edu.au/pdf/genetics.pdf ASMR 40th NSC November 24 - 27, Marriott Resort Hotel, Gold Coast, Email: [email protected] Redox Processes in Chemistry, Biology and Medicine, November 30 - December 4, Email: [email protected] Australian Health & Medical Research Congress Melbourne, November 2002, Email: [email protected] 2 Intellectual Property Patent Protection for Medical Inventions must also be satisfied to qualify for patent protection. These include that the invention must Research scientists are increasingly being forced be novel, it must be inventive, and a detailed to seek and secure funding from alternative written description of it must be provided. These sources to the research grants upon which requirements will be discussed in further detail reliance has traditionally been placed. below. Commercialisation of the fruits of research is the most obvious avenue of alternative funding Novelty available. In the area of medical research, where The requirement of novelty is relatively straight commercialisation involves enormous risk to forward. It simply means the invention must be investors and long lead times before products different from anything that has previously been make it to market, it is particularly important for published or patented (the prior art). This is researchers to protect their intellectual property established during examination, which involves a and to thereby be in a position to offer investors a detailed search of patent and technical literature. period of market exclusivity. Patents offer the most effective means of securing this desired Although there are some differences in the market exclusivity. novelty requirements between countries due to the divergence of national laws, it is generally the While there are numerous international case that disclosure or publication of an invention conventions in place which outline basic before lodgement of a patent application will requirements of national patent laws, patents are destroy novelty. The main exception to this rule granted and administered by national which exists in a few countries, such as the United governments and therefore separate applications States, is where a grace period is provided during must be made in each country or region of which publications by the inventor are allowed. In commercial interest. The basic principle behind the United States the grace period is the twelve these various patent systems is, however, months prior to the filing of a patent application in consistent throughout the world. This basic the United States. Reliance upon this grace period principle is that in return for full disclosure of an is usually not recommended as it is likely to invention by an inventor, the national government continued Page 6 will grant to the inventor in the form of a patent a period of market exclusivity. This term is 20 years in most countries. During this period the inventor, Early Career Researchers or someone to whom the inventors rights are transferred, will be able to bring an action in the courts to prevent others from commercially Details of the new Career Development Awards exploiting the invention. The intention is that which replace the RD Wright scheme and RF level research and development will be encouraged, at entry points in the Fellowship scheme, were the same time as ensuring technical details of posted to theNHMRC website on June 18th . , inventions are made public and can be used as a The expanded and fully overhauled scheme is basis for further research. In this regard, it is closer to the recommendations of the AHMRSR important to emphasise that further non- and encompass: commercial research in relation to a patented n Basic Research (10 awards annually) invention should not constitute an infringement of n Clinical Research (5 awards) the patent owners rights. n Public Health (5 awards). The awards on offer are for a 5 year non-renewal In the field of medical research there is a wide term and the package of $80,000 per year is to variety of subject matter which may be the subject cover salary, travel allowance and maintenance; of patent protection.