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Related Experiment Videos

Consent, commercialisation and benefit-sharing.

D Nicol1, M Otlowski, D Chalmers

  • 1Law School, University of Tasmania. Nicol@utas.edu.au

Journal of Law and Medicine
|July 16, 2002
PubMed
Summary

Informed consent for commercial use of biological materials is ethically recommended, though legally uncertain. Source individuals currently have no legal right to profits from their biological samples, but ethical guidelines support benefit-sharing.

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Area of Science:

  • Bioethics
  • Biotechnology Law
  • Commercialization of Biological Materials

Background:

  • Increasing commercial exploitation of biological materials raises ethical and legal questions.
  • The source of biological materials may have rights regarding their commercial use and profit-sharing.

Purpose of the Study:

  • To examine the necessity of consent for commercial use of biological materials.
  • To investigate the rights of biological material sources to share in commercial profits.

Main Methods:

  • Analysis of legal requirements for consent in commercial biological material use.
  • Review of ethical statements and guidelines concerning commercialization and benefit-sharing.

Main Results:

Keywords:
Health Care and Public HealthLegal Approach

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  • Legal requirement for consent to commercial use of biological materials is uncertain.
  • Ethical consensus supports obtaining consent for commercial use.
  • No legal right exists for source individuals to profit from commercial exploitation of their samples.
  • Ethical support for benefit-sharing with source individuals and communities.

    • Conclusions:

    • While legal frameworks are evolving, ethical considerations strongly advocate for informed consent in the commercialization of biological materials.
    • Current legal standing does not grant profit-sharing rights to individuals for their biological samples, but ethical frameworks encourage benefit-sharing mechanisms.