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Property in human tissue and the right of commercialisation: The interface between tangible and intellectual property

Citation

Nicol, D, Property in human tissue and the right of commercialisation: The interface between tangible and intellectual property, Monash University Law Review, 30, (2) pp. 139-164. ISSN 0311-3140 (2004) [Refereed Article]


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Copyright Statement

Copyright 2004 Monash University

Official URL: http://www.law.monash.edu.au

Abstract

This article considers the legal cbnsequences ofrecognising property rights in human tissue in relation to the specific issue of control of the commercialisation of the results of research using that tissue. Ethical guidelines and privacy laws do not deal directly with this issue. Legal recognition of a tissue source's ownership of their tissue might enable actions to be brought for breach of bailment and conversion. However, this article concludes that even if these actions could be sustained, they may not provide adequate remedies to a source who objects to the commercialisation process or wants to take a share of the profits of commercialisation. Moreover, legal recognition of a source's intangible right of commercialisation may not assist if it conflicts with patent rights held by others. Other options are considered, including the imposition ofa requirement in patent law to verify consent to patenting and the establishment of structures to facilitate benefit sharing.

Item Details

Item Type:Refereed Article
Research Division:Law and Legal Studies
Research Group:Law
Research Field: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
Author:Nicol, D (Professor Dianne Nicol)
ID Code:32446
Year Published:2004
Deposited By:Law
Deposited On:2004-08-01
Last Modified:2009-07-17
Downloads:9 View Download Statistics

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