ATTEMPTS to halt a brash attempt by United States interests to patent cattle genetic selection techniques are still in limbo as the industry awaits a Federal Court judgement.
However, Meat and Livestock Australia, which is appealing a decision by the Australian Patent Office to grant the patent to a little-known company named Branhaven and its partner has vowed to pull out all stops should the judgement not go favourably for producers.
MLA boss Richard Norton was quizzed on the controversial court case, which his organisation has spent more than a million dollars on to date, at a senate estimates hearing in Canberra last week.
Beef producer and science leaders say the patent means fees will be payable for the application of more than half the DNA-associated genetic tests used in Australia’s beef and dairy industries.
Mr Norton told senators a major development in the case had been the fact global meat giant Cargill, which was originally a partner with Branhaven, signed its rights to resist MLA’s appeal to another company, a shelf company which happens to have one of the same directors as Branhaven.
“I suspect that was done for public relations reasons,” he said.
“That has delayed proceedings and we are still waiting on judgement on our appeal around narrowing the claim.”
Branhaven acquired it’s interest in the patent following the bankruptcy of Cargill’s previous partner Metamorphix and is believed to be a company which specialises in extracting value from a patent portfolio rather than having direct interests in the cattle industry.
“We are still reasonably confident,” Mr Norton said.
“If we are unsuccessful in the appeal we will continue to explore options.
“The way MLA views the matter is it is case of a shelf company looking to taking advantage of a loophole in IP law.”