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The legal vacuum surrounding access to gene-based research materials and data

journal contribution
posted on 2023-05-18, 22:56 authored by Jane NielsenJane Nielsen, Dianne NicolDianne Nicol
Tangible research materials and data sets are integral to biomedical research and diagnostic genetic testing. Patents over genes and other research tools have been blamed for restricting access to these tools, potentially slowing the pace of biomedical research and reducing availability of diagnostic genetic Testing options. Given that many of these patents are expiring or being invalidated by courts, this article suggests that attention should now be focused on how the materials and data themselves might be used where access is blocked. Access is critical to the effective conduct of future biomedical research and clinical practice, yet the availability of the legal causes of action to facilitate this has not previously been analysed. This article explores possible legal mechanisms and concludes that the outlook fro compelling access in the absence of patents is pessimistic. Paradoxically, patents may actually provide a mechanism to gain access to these critical tools, rather than constituting a hindrance.

History

Publication title

Journal of Law and Medicine

Volume

24

Pagination

72-88

ISSN

1320-159X

Department/School

Faculty of Law

Publisher

Lawbook Co

Place of publication

Australia

Rights statement

Copyright 2016 Thomson Reuters (Professional) Australia Limited

Repository Status

  • Restricted

Socio-economic Objectives

Other law, politics and community services not elsewhere classified

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