File(s) not publicly available
Consent, Commercialisation and Benefit-sharing
journal contributionposted 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.
Publication titleJournal of Law and Medicine
Department/SchoolFaculty of Law
Place of publicationPyrmont, NSW, Australia