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Consent, Commercialisation and Benefit-sharing

journal contribution
posted on 2023-05-16, 12:48 authored by Dianne NicolDianne Nicol, Margaret OtlowskiMargaret Otlowski, Donald ChalmersDonald Chalmers
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.

History

Publication title

Journal of Law and Medicine

Volume

9

Pagination

80-94

ISSN

1320-159X

Department/School

Faculty of Law

Publisher

L-B-C-Information-Services

Place of publication

Pyrmont, NSW, Australia

Repository Status

  • Restricted

Socio-economic Objectives

Justice and the law not elsewhere classified

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