ABSTRACT
Research collaborations where HBM are circulated and exchanged within one jurisdiction raise different legal issues to transfers that occur between collaborators in different countries (Zika et al. 2008). In the case where transfers are carried out in one country, the legal issues are focused on institutional agreements and the legal requirements for transfer that are determined at a national level. In the case of international research projects, such as projects funded by the European
R&D framework programmes, different laws that apply in each jurisdiction are involved. Researchers normally exchange results, samples and data according to a consortium agreement. A researcher, for example, could need specific HBM which are only available in another country. Thus, to import the specific needed HBM, researchers will have to respect the law of their own country that applies to the import of HBM, and their colleagues in the exporting country will also have to follow the legal requirements that apply to the export of HBM. Moreover, international law and European law also have requirements for the exchange of HBM, which must be respected.
