Biobank Donors and the Concept of Benefit: Time for Reciprocity

Zawati, Ma’N. H., and Michael Lang. "Biobank donors and the concept of benefit: time for reciprocity" (2017) Journal of Law and the Biosciences, 4(2): 371-376

6 Pages Posted: 19 Jan 2018

See all articles by Ma'n H. Zawati

Ma'n H. Zawati

McGill University - Centre of Genomics and Policy

Michael Lang

McGill University - Faculty of Law

Date Written: June 28, 2017

Abstract

Helen Yu’s insightful article entitled ‘Redefining responsible research and innovation for the advancement of biobanking and biomedical research’ highlights the potentially crucial role of intellectual property regimes in encouraging and facilitating genomics innovations. Yu claims that one of the central objectives in ‘responsible research and innovation’ is the maximization of the value of publically funded research. She contends that this entails the return of benefit to society through, generally speaking, the production of new innovations. But this understanding, according to Yu, gives rise to novel challenges to the logic of intellectual property. This is so because patent law requires that new technologies not have undergone previous disclosure, while principles of open science require real time disclosure. This tension is heightened because the protections of intellectual property law are necessary for the safeguard of research and development.

Keywords: biobank, donors, reciprocity

Suggested Citation

Zawati, Ma'n H. and Lang, Michael, Biobank Donors and the Concept of Benefit: Time for Reciprocity (June 28, 2017). Zawati, Ma’N. H., and Michael Lang. "Biobank donors and the concept of benefit: time for reciprocity" (2017) Journal of Law and the Biosciences, 4(2): 371-376, Available at SSRN: https://ssrn.com/abstract=3100952

Ma'n H. Zawati (Contact Author)

McGill University - Centre of Genomics and Policy ( email )

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

Michael Lang

McGill University - Faculty of Law ( email )

3644 Peel Street
Montreal H3A 1W9, Quebec
Canada

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