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

journal contribution
posted on 2023-05-16, 16:02 authored by Dianne NicolDianne Nicol
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.

History

Publication title

Monash University Law Review

Volume

30

Pagination

139-164

ISSN

0311-3140

Department/School

Faculty of Law

Publisher

Monash University Law Review

Place of publication

Melbourne

Rights statement

Copyright © 2004 Monash University

Repository Status

  • Restricted

Socio-economic Objectives

Justice and the law not elsewhere classified

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