eCite Digital Repository
The legal vacuum surrounding access to gene-based research materials and data
Citation
Nielsen, J and Nicol, D, The legal vacuum surrounding access to gene-based research materials and data, Journal of Law and Medicine, 24 pp. 72-88. ISSN 1320-159X (2016) [Refereed Article]
Copyright Statement
Copyright 2016 Thomson Reuters (Professional) Australia Limited
Official URL: http://sites.thomsonreuters.com.au/journals/catego...
Abstract
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.
Item Details
Item Type: | Refereed Article |
---|---|
Keywords: | gene-based resaerch materials, biomedical research |
Research Division: | Law and Legal Studies |
Research Group: | Private law and civil obligations |
Research Field: | Intellectual property law |
Objective Division: | Law, Politics and Community Services |
Objective Group: | Other law, politics and community services |
Objective Field: | Other law, politics and community services not elsewhere classified |
UTAS Author: | Nielsen, J (Associate Professor Jane Nielsen) |
UTAS Author: | Nicol, D (Professor Dianne Nicol) |
ID Code: | 111906 |
Year Published: | 2016 |
Deposited By: | Law |
Deposited On: | 2016-10-14 |
Last Modified: | 2018-03-13 |
Downloads: | 0 |
Repository Staff Only: item control page