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Consent, Commercialisation and Benefit-sharing


Nicol, D and Otlowski, MFA and Chalmers, DRC, Consent, Commercialisation and Benefit-sharing, Journal of Law and Medicine, 9, (1) pp. 80-94. ISSN 1320-159X (2001) [Refereed Article]


This article considers two issues in relation to the increasing commercial exploitation of biological materials: first, whether the consent of the individual who is the source of biological material is needed for the material to be used commercially; and secondly, whether the source has any right to share in the profits. Whilst the legal requirement for consent to commercial use is uncertain, the overwhelming view from ethical statements suggests that such consent is appropriate. With regard to profit-sharing, source individuals have no legal right to share in the profits of commercial exploitation of their sample. However, there is support in some ethical statements for benefit-sharing with source individuals and their communities.

Item Details

Item Type:Refereed Article
Research Division:Law and Legal Studies
Research Group:Public law
Research Field:Public law not elsewhere classified
Objective Division:Law, Politics and Community Services
Objective Group:Justice and the law
Objective Field:Justice and the law not elsewhere classified
UTAS Author:Nicol, D (Professor Dianne Nicol)
UTAS Author:Otlowski, MFA (Professor Margaret Otlowski)
UTAS Author:Chalmers, DRC (Professor Don Chalmers)
ID Code:21533
Year Published:2001
Deposited By:Law
Deposited On:2001-08-01
Last Modified:2002-05-10

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