Commercialization of genetic research and its impact on the communication of results.
Canada has recently seen significant commercial growth in biotechnology; at the same time we have witnessed a considerable reduction in public funding for research. One result is the development of partnerships between academic institutions and industry, which has had important effects on the relationships between researchers, companies, research subjects and society, particularly in the field of genetics. Commercialization of research creates obstacles to the diffusion of research results which is fundamental to the advancement of science. Several recent studies and cases, which are briefly reviewed here, have highlighted these problems. In this paper, the author examines clauses in research contracts in order to analyze and categorize the types of provisions these contracts may contain regarding publication and disclosure of research results. She then discusses the relationships between various actors in genetic research and the issues and conflicts that may arise. Finally, an examination of some recently developed policies in this area reveals the complex network of norms to which a researcher must adhere. The normative framework must take into account the interests of all the various actors, should apply to the broadest possible population, and its various parts must be consistent. Researchers must then be vigilant that they do not enter into contracts which conflict with their rights and obligations regarding publication and dissemination of results.
Cardinal
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Centre de recherche en droit public, Université de Montréal.
D001709:Biotechnology / Q000191:economics*; D002170:Canada; D003132:Commerce / Q000639:trends*; D003142:Communication; D003219:Confidentiality / Q000331:legislation & jurisprudence; D016265:Conflict of Interest; D003284:Contract Services / Q000145:classification* / Q000191:economics / Q000331:legislation & jurisprudence; D004059:Diffusion of Innovation; D005381:Financing, Organized; D005823:Genetics / Q000191:economics*; D016045:Human Genome Project; D006801:Humans; D007255:Information Services / Q000191:economics / Q000331:legislation & jurisprudence / Q000639:trends*; D016134:Organizational Policy; D010330:Patents as Topic; D011643:Publishing / Q000191:economics / Q000331:legislation & jurisprudence; D012108:Research Personnel / Q000191:economics / Q000592:standards; D012109:Research Support as Topic / Q000191:economics / Q000639:trends*; D014495:Universities