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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: | 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) |
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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