Consent, commercialisation and benefit-sharing.
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.
Law School, University of Tasmania. Nicol@utas.edu.au
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D001315:Australia; D003132:Commerce / Q000331:legislation & jurisprudence*; D003219:Confidentiality / Q000331:legislation & jurisprudence; D004992:Ethics, Medical; D005796:Genes; D006801:Humans; D007258:Informed Consent / Q000331:legislation & jurisprudence*; D010067:Ownership / Q000331:legislation & jurisprudence; D010330:Patents as Topic / Q000331:legislation & jurisprudence; D014019:Tissue Donors / Q000331:legislation & jurisprudence*