Graeme Laurie is Professor of Medical Jurisprudence at the University of Edinburgh and Co-Director of the Arts and Humanities Research Council (AHRC) Research Centre for Studies in Intellectual Property and Technology Law. He served as Director of the Centre from 2007-2011 until he took up the position of Director of Research for the School of Law. His own research interests include the role of law in promoting and regulating science, medicine and technology. He was the Chair of the permanent Ethics and Governance Council of UK Biobank from 2006-2010 and is currently the Chair of the Privacy Advisory Committee in Scotland. He sits on other bodies such as the Scottish Executive's Generation Scotland Advisory Board and the NHS Central Register Governance Board. He has given evidence to the House of Lords Select Committee on the Constitution with respect to forensic uses of bioinformation which is connected to his work as a member of the Nuffield Council on Bioethics. Most recently, he has been appointed as a member of the BMA's Ethics Commitee and a Royal Society Working Group on Science as a Public Enterprise. He is a member of the editorial teams of the European Journal of Health Law, Medical Law International, Law, Innovation & Technology and the AHRC Centre's own online journal SCRIPT-ed.
The book offers an original perspective on intellectual property law. Beyond providing a thorough and up-to-date account of intellectual property law, the text examines the complex policies that inform and guide modern IP law at the domestic (including Scottish), European and international levels. The focus is on contemporary challenges to intellectual property law and policy.
This is the seventh edition of this medical law textbook, and continues to provide an overview of the inter-relationship between medical ethics and practice and the law. There is, therefore, an emphasis on those aspects of medical practice that are governed, to a large extent, by the moral law. However, medical law, as such, is still a developing discipline which is being mainly shaped by the courts and there is extensive coverage of seminal and recent judicial decisions, particular attention being given to those which define the limits of professional freedom in the light of the increasing importance attached to personal autonomy. The book incorporates a strong element of comparative medical law having a particular interest in the shift of influence from other Anglophone jurisdictions to those in Europe. The text is directed in the main to students and practitioners of law but the overarching importance attached to ethical principles broadens its appeal to all those involved in the control and delivery of modern healthcare.
Graeme Laurie 'Reflexive Governance in Biobanking: On the Value of Policy Led Approaches and the Need to Recognise the Limits of Law' (2011) Human Genetics 130: 347-56
Graeme Laurie 'Managing Access to Biobanks: How Can We Reconcile Privacy and Public Interests?' (2010) Medical Law International 10: 315-38
Shawn H.E. Harmon, Graeme Laurie 'Yearworth v. North Bristol NHS Trust: Property, Principles, Precedents and Paradigms' (2010) Cambridge Law Journal 69: 476-93
Graeme Laurie, Kathryn G Hunter 'Mapping, Assessing and Improving Legal Preparedness for Pandemic Flu in the United Kingdom' (2009) Medical Law International 10: 101-38
Graeme Laurie 'The Stem Cell research Environment: A Patchwork of Patchworks' (2009) Stem Cell Reviews and Reports 5: 82-92
Graeme Laurie 'Guest Editorial: The European Association of Health Law: Addressing Unmet Needs in Policy, Practice and Research' (2008) European Journal of Health Law 3: 251-59
Graeme Laurie 'Guest Editorial: Fore-warned in Fore-armed – Is Intellectual Property a Suitable Case for Foresight?' (2008) International Review of Intellectual Property and Competition Law 39: 507-10
Graeme Laurie 'Guest Editorial: Evidence of support for biobanking practices' (2008) British Medical Journal 337: 186-87
J. Kenyon Mason, Graeme Laurie 'Personal Autonomy and the Right to Treatment: A Note on R on the Application of Burke v General Medical Council' (2005) Edinburgh Law Review 9: 123-32
Graeme Laurie 'Pharmacogenomics and Human Rights' (2002) Biotechnology Investment Today 60-65, Spring
Graeme Laurie 'Challenging Medical Legal Norms: The Role of Autonomy, Confidentiality and Privacy in Protecting Individual and Familial Group Rights in Genetic Information' (2001) Journal of Legal Medicine 22: 1-54
J. Kenyon Mason, Graeme Laurie 'Consent or Property: Dealing with the Body and its Parts in the Shadow of Bristol and Alder Hey' (2001) Modern Law Review 64: 710-79
Graeme Laurie, Michael Grodin 'Susceptibility Genes and Neurological Disorders - Learning the Right Lessons from the Human Genome Project' (2000) Archives of Neurology 57: 1569-74
Graeme Laurie 'Genetics and Patients' Rights: Where are the Limits?' (2000) Medical Law International 5: 25-44
Graeme Laurie 'Protecting and Promoting Privacy in an Uncertain World: Further Defences of Ignorance and the Right Not to Know' (2000) European Journal of Health Law 7: 185-91
Graeme Laurie, J. Kenyon Mason 'Negative Treatment of Vulnerable Patients: Euthanasia by any other Name?' (2000) Juridical Review 159-78
Graeme Laurie 'Wielding the Implement of Law: Distilling New Rights and Responsibilities in the Age of the 'New Genetics'' (1999) Health, Risk and Society 1: 333-41
Graeme Laurie 'Parens Patriae Jurisdiction in the Medico-legal Context: The Vagaries of Judicial Activism' (1999) Edinburgh Law Review 3: 95-107
Graeme Laurie 'Obligations Arising from Genetic Information: Negligence and the Protection of Familial Interests' (1999) Child and Family Law Quarterly 11: 109-24
Graeme Laurie 'In Defence of Ignorance: Genetic Information and the Right Not to Know' (1999) European Journal of Health Law 6: 119-32
Graeme Laurie 'Intellectual Property Rights and the Interests of Indigenous Peoples' (1997) Lesotho Law Journal 10: 107-26
J. Kenyon Mason, Graeme Laurie 'The Management of Persistent Vegetative State in the British Isles' (1996) Juridical Review 263-83
Chapters
Graeme Laurie 'The UK Biobank Ethics and Governance Council: How valuable is an “Ethics+” A Approach to Governance?' in Kris Dierickx, Pascal Borry (eds) New Challenges for Biobanks: Ethics, Law and Governance (Intersentia, 2010) pp. 239-48
Graeme Laurie 'Patenting and the Human Body' in Andrew Grubb, Judith Laing and Jean McHale (eds) Principles of Medical Law, Third Edition (Oxford University Press, 2010) pp. 1051-86
Graeme Laurie, Katherine G Hunter 'Involving Publics in Biobank Governance: Moving Beyond Existing Approaches' in Heather Widdows and Caroline Mullen (eds) The Governance of Genetic Information (Cambridge University Press, 2009) pp.151-77
Graeme Laurie, A Hunt, M Richards 'UK Biobank Ethics and Goverance Council: An Exercise in Added Value' in Jane Kaye and Mark Stranger (eds) Principles and Practice in Biobank Governance (Ashgate, 2009) pp. 229-42
Graeme Laurie, Ann Bruce, Catherine Lyall 'The roles of values and interests in the governance of the life sciences: learning lessons from the “Ethics+” approach of UK Biobank' in Cathrine Lyall, James Smith and Theo Papaioannou (eds) The Limits to Governance: The Challenge of Policy-Making for the New Life Sciences (Aldershot: Ashgate, 2009)
Graeme Laurie 'Genetic Testing and the Criminal Law in the United Kingdom' in Chalmers, Don (eds) Genetic Testing and the Criminal Law (UCL Press, 2005) pp.187-239
Graeme Laurie 'Patenting and the Human Body' in Ian Kennedy, Andrew Grubb (eds) Principles of Medical Law, Second Edition (Oxford University Press, 2004) pp.1079-1101
Graeme Laurie 'Privacy and Property - Multi-level Strategies for Protecting Interests in Genetic Material' in BM Knoppers and C Shriver (eds) Genomics, Health and Society - Emerging Issues for Public Policy (Policy Research Initiative, Canada, 2003) pp.83-98
Graeme Laurie 'Medical Genetics' in Frieder Dunkel and Kirsten Drenkhahn (eds) Youth Violence: New Patterns and Local Responses – Experiences in East and West (Forum Verlag Godesberg GmbH, Munchengladbach, 2003) chapter 15 (pp.189-195)
Graeme Laurie 'Privacy Property or Permission - Need our Models for Regulating Personal Genetic Material Be Mutually Exclusive' in (eds) Law and Technology (ACTA Press, 2002) 16-22
Graeme Laurie 'Legal and Ethical Implications of Life Extension Techniques' in (eds) New Research into the Treatment of Cancer and Age-Related Disease (Institute of Nanotechnology/DTI Biotechnology Division/Cancer Research Campaign, 2002) pp. 60-64
Graeme Laurie 'Law, Ethics and Genetics' in Reeve, Eric (ed.) (eds) Encyclopedia of Genetics (Fitzroy Dearborn, 2001) pp.594-605
Graeme Laurie 'Permanent Vegetative State: An Exercise in Legal Uncertainty' in LSS and BMA (eds) Competency and Consent in Vulnerable Persons (Law Society of Scotland and British Medical Association, 2000) pp.77-88
Graeme Laurie 'Civil Litigation following Injury and Death from Trauma - The Health Care Professional in Jeopardy' in J. Kenyon Mason, Basil N. Purdue (eds) The Pathology of Trauma (Arnold, 1999) pp.408-503
Graeme Laurie 'Biotechnology and Intellectual Property: A Marriage of Inconvenience?' in Sheila A. M. McLean (eds) Contemporary Issues in Law, Medicine and Ethics (Aldershot, Dartmouth, 1996) Chpt.12, pp.237-267
Notes and Reviews
J. Kenyon Mason, Graeme Laurie 'Assistance in Dying or Euthanasia? Comments on the End of Life Assistance (Scotland) Bill' (2010) Edinburgh Law Review 14: 493-97
Graeme Laurie 'Better to Hesitate at the Threshold of Compulsion: PKU Testing and the Concept of Family Autonomy in Eire' (2002) Journal of Medical Ethics 28: 136-38
Graeme Laurie 'Medical Records Linkage: When is it Lawful and in the Public Interest' (2002) E-L@w Review Issue 4: 5-6
Graeme Laurie 'Owning the Genome' (2001) Science and Public Affairs (June)10-11
Graeme Laurie 'Intellectual Property and the Human Genome' (2001) Chartered Institute of Patent Agents Journal (July) 352-54
Graeme Laurie, Michael Grodin 'Review - Against Relativism - Cultural Diversity and the Search for Ethical Universals in Medicine' (2000) Perspectives in Biology and Medicine 43: 627-29
Graeme Laurie 'Genetic Discrimination: How Does UK Law Measure Up?' (2000) Genetics Law Monitor 6-7
Nayha Sethi, Graeme Laurie 'Information Governance of Use of Health-Related Data in Medical Research in Scotland: Current Practices and Future Scenarios', School of Law Working Paper Series, 2011/26 (SSRN, 2011)
This paper has been prepared as part of the governance work stream of the
Scottish Health Informatics Programme (SHIP). It is intended as a platform for discussion and further elaboration with colleagues and those interested in issues surrounding the governance of secondary uses of health data for research. The main aims of the paper are two-fold. First, to offer an ethical, legal and social account of the current regulatory framework governing the use of person identifiable information (PII) for medical research in Scotland. It does so by both mapping out the legislation and key actors involved in governance, as well as illustrating how the framework is perceived to work in practice.
A second aim of the report is to suggest a template to be used in the assessment of good governance. This template can be used both to evaluate current practices and to test any proposals for change in approaches to governance in Scotland and elsewhere with respect to uses of patient data for research purposes. It is anticipated that this template will be developed and refined with input from SHIP colleagues (particularly those at
Information and Statistics Division (ISD) of NHS Scotland and those involved in the SHIP
Systematic Review) as well as other stakeholders. This is the first in a series of papers in the governance stream of the SHIP programme, funded by the Wellcome Trust. Future papers will address the design challenges of a new system of information governance for health-related medical research in Scotland.
Papers and Presentations
Graeme Laurie 'Tackling Community Concerns about Commercialisation and Genetic Research: A Modest Interdisciplinary Proposal' presented at Scientific Advancements in Medicine: Legal and Ethical Issues, University of Birmingham, UK, 2005
Graeme Laurie 'Paternalism and the Patient: Where Does Choice Leave Responsibility?' presented at Current Legal Problems, University College, London, 2005
Graeme Laurie 'Should There Be An Obligation of Disclosure of Origin of Genetic Resources in Patent Applications?' presented at First International Congress on Commercial Law and Business, Buenos Aires, Argentina, 2005
Graeme Laurie 'Our Genes: Our Choice - But what is the Role of ‘Choice’ in Protecting Genetic Privacy?' presented at Our Genes: Our Choice, University of McGill, Montreal, Canada, 2004
Graeme Laurie 'Broadening the range of IPR beneficiaries: The role of consent in the patenting process.' presented at Bioethical Issues of Intellectual Property in Biotechnology, Tokyo, Japan, 2004
Graeme Laurie, Hunter, Kathryn 'Benefit Sharing and Public Trust in Genetic Research' presented at International ELSAGEN Conference on Ethical, Legal and Social Aspects of Human Genetic Databases, Reykjavik, Iceland, 2004
Graeme Laurie 'La Vie Privée, La Propriété, La Personnalité : Doivent-elles être liées?' presented at Centre de Recherche en Droit Public: Conferences, University of Montreal, Montreal, Canada, 2004
Graeme Laurie 'Patenting Stem Cells of Human Origin' presented at ATRIP International Association of Teachers and Researchers in Intellectual Property, Tokyo, Japan, 2003
Graeme Laurie 'What is wrong with European Patent Law and Policy on Stem Cells' presented at Stem Cells - Shaping the Future, London, 2003
Graeme Laurie 'Legal and Ethical Aspects of Genetic Privacy' presented at Protecting Patients Personal Data and Genetic Information, Nicosia, Cyprus, 2003
Graeme Laurie 'Patents, Patients and Consent - A Legal Perspective' presented at Bioethical Issues of Intellectual Property Rights, Cambridge, 2003
Graeme Laurie 'Privacy, Property or Permission - Need Our Models for Regulating Personal Genetic Material Be Mutually Exclusive' presented at Law and Technology, Cambridge, Massachusetts, USA, 2002
Graeme Laurie 'Genetic Privacy or Solidarity - Can the Law Regulate Competing Claims to Genetic Information' presented at Genetics and Law Conference, London, 2002
Graeme Laurie 'Privacy, Property and Personality - A Case for Conceptual Linkage' presented at Expert Meeting on Privacy, Property and Personality, 2002
Graeme Laurie 'Genetic Information, Confidentiality and Informed Consent - Legal Issues' presented at Genetics and Health Policy Course, 2002
Graeme Laurie 'Human Rights and Pharmacogenomics' presented at British Pharmaceutical Conference, 2001
Graeme Laurie 'Intellectual Property - Let's Think About Staking a Claim to our own Genetic Material' presented at Human Genome Organisation Satellite Conference, 2001
Graeme Laurie 'Gift and the Paradox of the Property Paradigm' presented at Cultural Dimensions of the New Genetics, Lancaster, 2001
Graeme Laurie 'Genetics and Insurance - Is it in the Public Interest to Involve the Law' presented at UK Forum for Genetics and Insurance - Royal Society, London, London, 2000
Graeme Laurie 'Genetics and Patients Rights - Where are the Limits' presented at World Health Organisation (European Partnership on Patients Rights and Citizens Empowerment), Jerusalem, 2000
Graeme Laurie 'Explorations in the Legal Limits of Regulating Familial Genetic Relationships' presented at Genetical Knowledge, Prediction of Health and the Provision of Long Term Care - Ethical, Technical and Economic Issues, Royal Society of Edinburgh, 2000
Graeme Laurie 'The Legal and Ethical Implications of Life Extension Techniques' presented at Nanobiotechnology, Life Extension and the Treatment of Congenital and Degenerative Disease, Institute of Nanotechnology, 2000
Grants Awarded
Awarded £170,671 by SHEFC for project 'Generation Scotland', from 01/10/2003 to 31/12/2009
Synopsis