The Contested Futures of Biobanks and Intellectual Property

Teoría & derecho (2012) 11 132-146

Posted: 31 Aug 2017

See all articles by Edward Dove

Edward Dove

University of Edinburgh - School of Law

Yann Joly

McGill University - Centre for Genomics and Policy

Date Written: August 1, 2012

Abstract

Breakthrough discoveries in life sciences technologies, coupled with continuing global growth in biobanks, are contributing to a core infrastructure for translational research in population genomics. At the same time, traditional intellectual property discourse, which stresses innovation as a social good and limited property rights as the proper function of law, is challenging, and being challenged by, large-scale population-based biobanks and their publicly-engaged governance structures. By discussing how several particular aspects of biobank discourse differ from current intellectual property discourse (i.e. democratic engagement and governance policy, genetic sequence databases, and open data sharing), the authors show how this chasm may cause a recalibration of intellectual property law, particularly patent law.

Keywords: biobanks, discourse, emerging technology, genetics, intellectual property, patent law

Suggested Citation

Dove, Edward and Joly, Yann, The Contested Futures of Biobanks and Intellectual Property (August 1, 2012). Teoría & derecho (2012) 11 132-146, Available at SSRN: https://ssrn.com/abstract=3025407

Edward Dove (Contact Author)

University of Edinburgh - School of Law ( email )

Old College
South Bridge
Edinburgh, EH8 9YL
United Kingdom

Yann Joly

McGill University - Centre for Genomics and Policy ( email )

740 Dr. Penfield Avenue, Suite 5200
Montreal, Quebec H3A 0G1
Canada

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