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• 1995 –1998
• 1999 – 2001• 2002 – 2004
• 2002 – 2004
• 2004 –• 2005 – 2007• 2005 – 2007
• 2005 – 2009
• 1995 –1998
•
1999 – 2001
•
2002 – 2004
• make recommendations for the establishment of a regulatory regime
for the proper collection, use and development of products
from human biological research in an increasingly privatised environment;
• answer liminal questions about property interests (ownership, control
and derivative claims) in human biological material;
• make recommendations to researchers, institutions and the legal
profession on appropriate contracting terms and practices
in this area;
• consider the appropriate regulatory mechanisms for regenerative
tissue technology; and
• make contributions towards the maintenance of the highest ethical
standards in Australian research involving humans.
Don Chalmers, Dianne Nicol, Margaret Otlowski, and Loane Skene
L Skene (2002) ‘Genetics and artificial procreation’,
in Eds Meulders-Klein, M-T; Deech R; Vlaardingerbroek, MT.
Biomedicine, the Family and Human Rights, Kluwer Law International,
The
Netherlands, 107-121
L Skene (2002) ‘Legal issues in germ-line gene therapy: Ownership,
consent and regulation’, in Eds JEJ Rasco, GM O'Sullivan
and RA Ankeny, A Dividing Line? Towards an Ethics of Germline
Gene Therapy, Cambridge University Press.
D Chalmers (2002) ‘Professional Self-Regulation and Guidelines
in Assisted Reproduction’ in Journal of Law and Medicine
9, 414-428.
D Chalmers (2002) ‘The expectation gap, risk management
and the Australian HREC system’ in Monash Bioethics
Review 21, 39-58.
B Gogarty (2002) ‘What exactly is an exact copy? And Why it matters
when trying to ban human reproductive cloning in Australia’ in
Journal of Medical Ethics.
J Nielsen and Nicol D (2002) ‘Pharmaceuticals and Patents:
the Conundrum of Access and Incentive’ in Australian
Intellectual Property Journal, 13, 289.
D Nicol, Gogarty B and Chalmers D (2002) ‘Regulating Biomedical
Advances: Embryonic Stem Cell Research’ in Macquarie
Law Journal, 2, 31-59.
B Gogarty and Nicol D (2002) ‘The UK’s Cloning Laws,
a View from the Antipodes’ in Murdoch University Electronic
Journal of Law , 9(2).
L Skene (2002) ‘Arguments against people "owning"
their own bodies, body parts and tissue’ in Macquarie
Law Journal, 2, 165-176.
L Skene and Coady A (2002) ‘Genetic manipulation and our
duty to posterity’ in Monash Bioethics Review,
21(2), 12-22.
L Skene (2002) ‘Proprietary rights in human bodies, body
parts and tissue: Regulatory contexts and proposals for new laws’
in Legal Studies, 22(1), 102-127.
L Skene and Smallwood R (2002) ‘Informed Consent: Lessons
from the Antipodes’ in British Medical Journal,
324, 39-41.
L Skene (2002) ‘Ownership of human tissue and the law’
in Nature Reviews Genetics, (UK) 3,
145-148.
L Skene (2002) ‘Who Owns Your Body? Legal Issues in the
Ownership of Bodily Material’, in Trends in Molecular
Medicine, 8(1), 48-49.
D Nicol and Nielsen J (2003) Patents and Medical Biotechnology: An Empirical
Analysis of Issues Facing the Australian Industry, Centre for Law
and Genetics, Occasional Paper No. 6.
D Nicol (2003) ‘The Impact of Patents on the Delivery of
Genetic Tests in Australia’ in Today’s Life Science,
15(5), 22-27.
D Nicol (2003) ‘Balancing Access to Pharmaceuticals with
Patent Rights’ in Monash Bioethics Review, 22,
50-62.
M Otlowski and Williamson B (2003) ‘Ethical and Legal Issues
and the ‘New Genetics’ in Medical Journal of Australia,
178, 582-585.
(Also printed in the University of New South Wales Law Journal
(2003) 26 at 764-769)
D Chalmers and Nicol D (2003) ‘Embryonic Stem Cell Research:
Can the Law Balance Ethical, Scientific and Economic Values? (Part
2)’ in Law and Human Genome Review, 19,
91-108.
D Chalmers and Nicol D (2003) ‘Embryonic Stem Cell Research:
Can the Law Balance Ethical, Scientific and Economic Values? (Part
1)’ in Law and Human Genome Review, 18,
43-53.
J Jabour-Green and Nicol D (2003) ‘Bioprospecting in Areas
Outside National Jurisdiction: Antarctica and the Southern Ocean’
in Melbourne Journal of International Law, 4,
76-111.
D Nicol (2003) ‘Human Gene Patents: Under Whose Control?’
in Medical Journal of Australia, 179,
181-182.
D Chalmers (2004) ‘Commercialisation and Benefit Sharing: Legal,
Ethical and Social Issues’ in M. Brannigan Cross-Cultural
Biotechnology, Rowan and Littlefield Publishers Inc,
pp 3-14.
D Nicol (2004) ‘Cross Cultural Issues in Balancing Patent Rights
and Consumer Access to Biotechnological and Pharmaceutical Inventions’ In
M Brannigan (ed) Cross Cultural Biotechnology Rowman& Littlefield
Publishers Inc., pp 155-164.
L Skene (2004) ‘Legal regulation of genetic testing: balancing
privacy and family interests’ in Annals of Bioethics.
D Chalmers (2004) ‘Research Involving Humans: A Time for
Change?’ The Journal of Law, Medicine & in Ethics,
32(4) 583-495.
D Chalmers and Nicol D (2004) ‘Commercialisation of Biotechnology:
Public Trust in Research’ in International Journal of
Biotechnology, 6, 116-133.
O Mitnovetski and Nicol D (2004) ‘Are Patents for Methods
of Medical Treatment Contrary to Public Order and Morality or
‘Generally Inconvenient’ in Journal of Medical
Ethics, 30, 470-475.
D Nicol (2004) ‘Property in Human Tissue and the Right of
Commercialisation: the Interface between Tangible and Intellectual
Property’ in Monash University Law Review, 30,
139-164
L Skene (2004) ‘An Australian lawyer’s response to Dr Boyle’
in Journal of Medical Ethics, 30 (4).
•
2002 – 2004
• to advance the existing knowledge base, both nationally and internationally
• to establish comprehensive baseline data for further evaluative
research
• to generate important outcomes for each of the three sectors, as
well as a comprehensive overview of this important new Australian
social issue
• to examine the social and legal implications of genetic discrimination
in Australia to offer recommendations informing the development
of appropriate law
Margaret Otlowski and Sandy Taylor
Kristine Barlow-Stewart
Mark Stranger and Susan Treloar
M Otlowski, Taylor, S and Barlow-Stewart K (2002) ‘Australian
empirical study into genetic discrimination’ in Genetics
in Medicine, 4(5), 392-395.
M Otlowski, Taylor, S and Barlow-Stewart K (2002) ‘Major
study commencing into genetic discrimination in Australia’
in Journal of Law and Medicine, 10(1),
41-48.
M Otlowski, Taylor, S and Barlow-Stewart K (2002) ‘Australian
empirical study into genetic discrimination’ in Eubios
Journal of Asian and International Bioethics, 12(5),
164-167.
M Otlowski, Taylor S and Barlow-Stewart K (2003) ‘Genetic
Discrimination: Too few data’ in European Journal of
Human Genetics, 11(1): 1-2.
M Otlowski (2003) ‘Genetic Discrimination: Meeting the Challenges
of an Emerging Issue’ in University of New South Law
Journal, Forum, Genetics and the Law, 9,
15-18
Taylor S, Otlowski M, Barlow-Stewart K Treloar S, Stranger M and
Chenoweth K (2004) ‘Investigating genetic discrimination
in Australia: opportunities and challenges in the early stages’
in New Genetics and Society, 23(2),
225-239.
Treloar S, Taylor S, Otlowski M, Barlow- Stewart K,
Stranger M and Chenoweth K (2004) ‘Methodological
challenges in the study of genetic discrimination: A review’ in Community Genetics.
Barlow-Stewart, K., Taylor, S. & Otlowski, M. (2005) ‘Knowing your genes: freedom, burden or power?’ in S. Wilson, G. Meagher, R. Gibson, D. Denmark & M. Western (eds) Australian Social Attitudes: The First Report, UNSW Press, Sydney
Otlowski M, Barlow-Stewart K, Taylor S, Stranger M and Treloar, S (2007) ‘Investigating Genetic Discrimination In The Australian Life Insurance Sector: Use Of Genetic Test Results In Underwriting 1999-2003’, 14 Journal of Law and Medicine, 367-395.
Otlowski M, Taylor S, Barlow-Stewart K, Stranger M and Treloar S, (2007) ‘The Use of Legal Remedies in Australia for Pursuing Allegations of Genetic Discrimination: Findings from an Empirical Study’, 9 International Journal of Discrimination and the Law, 3-35.
Taylor S, Treloar S, Barlow-Stewart K, Otlowski M and Stranger M, (2007) ‘Investigating Genetic Discrimination in Australia: Perceptions and Experiences of Clinical Genetics Service Clients Regarding Coercion to Test, Insurance and Employment’, 5 Australian Journal of Emerging Technologies and Society, 63-83.
Taylor S, Treloar S, Barlow-Stewart K, Stranger M and Otlowski M, (2008) ‘Investigating Genetic Discrimination in Australia: A Large-scale Survey of Clinical Genetics Clients’, 74 Clinical Genetics 20-30.
• 2004 –
• to construct an adequately resourced and properly administered
network structure that can be seen by the research community
to be capable of facilitating and promoting multidisciplinary and
cross-institutional collaboration on a national and international
scale;
• to enlist the participation of leading scholars and researchers
from Australia and overseas, from all relevant disciplines,
that are engaging with the issues that arise from the new biotechnologies;
• through this engagement with leading scholars and researchers,
to forge links with key institutions, centres and other organisations
across the globe;
• to provide an open, scholarly, well managed and well resourced
research environment that facilitates the development of research
careers, both for early career researchers and postgraduate
students, and in the process attracts these researchers to the field through
the network.
Don Chalmers
Mark Stranger
Belinda Bennett (USyd), Ben Boer (USyd), Susan Dodds (UoW), Wayne
Hall (UQ), Ian Kerridge (USyd), Dianne Nicol (UTas), Margaret Otlowski
(UTas)
BHENELSI now has 142 participants (including 22 postgraduates)
from a range of disciplines (eg. bioethics, economics, epidemiology,
law, medicine, genetics, philosophy, management, sociology, psychology,
social work, nursing, genetic counselling), from 13 different countries.
The Network is linked to over 40 different universities, 43 different
professional bodies, and 102 different research centres and institutes.
Access to the Network is via http://www.lawgenecentre.org/bhenelsi
•
2005 – 2007
Australia has world-class strengths in biotechnology research,
but our industry is small and depends on access to intellectual
property (IP) held by foreign owners. To survive in a highly
competitive global marketplace, Australian institutions must
find ways to co-operate
with one another. Current approaches to IP management did
not evolve in Australian conditions and are not designed
to promote
co-operation.
In this project, we develop and refine two new co-operative
models of IP management, the “IP clearinghouse” and “open
source” models, and assess their viability in the context
of the Australian biotechnology industry. The research breaks
new theoretical ground and will lead to practical recommendations
for
industry and policymakers.
Janet Elizabeth Hope, Dianne Nicol and John Braithwaite
Books, Reports and Refereed Publications -
•
2005 – 2007
The outcomes of this study, will give evidence as to whether or
not people do pass on genetic risk information to relatives, how
they do it, what the barriers are, what their preferences are.
It will also provide data so that mechanisms for best practice
communication and clear guidelines for legal and health professionals
can be developed. Effective communication and exchange of genetic
risk information will benefit individual health and the health
of future generations.
Loane Skene, Maryanne Aitken and Martin Delatycki
•
2005 – 2009
• One of the major aims of this project is a critical analysis of
options for regulation of human genetic databanks and implementation
of reform strategies
• This project aims to analyse options for and implementation of
privacy law reform and monitor and critically evaluate any
changes introduced
• The project will examine ownership in the context of human genetic
databanks, including a comparative analysis of civil and
common law approaches
•
The project will examine and provide submissions on the ALRC’s
recommendations on gene patenting and licensing and protection
of database information and undertake a comparative analysis
of international approaches
• One of the aims of this project is to study the extent to which
the concept of benefit-sharing could be tied to access to
human genetic databanks
• This project will study the regulatory framework for stem cell
technology and provide submissions into the review process
and monitor and critically evaluate any changes introduced
Don Chalmers, Dianne Nicol, Margaret Otlowski, and Loane Skene
Mark Stranger
Stranger M, Chalmers D and Nicol D (2005) ‘Capital, Trust and Consultation: Databanks and Regulation in Australia’ in Critical Public Health,15(4) 349-358.
Stranger M (ed) (2007) Human Biotechnology and Public Trust: Trends, Perceptions and Regulation, Hobart: Centre for Law and Genetics.
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