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


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]

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Copyright 2016 Thomson Reuters (Professional) Australia Limited

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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

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