H5N1 Researcher Continues Legal Battle

The Dutch scientist who mutated a strain of the avian flu virus to be transmissible between mammals is headed to appeals court to protect his right to publish the work unimpeded.

Written byBob Grant
| 2 min read

Register for free to listen to this article
Listen with Speechify
0:00
2:00
Share

Avian influenza A H5N1 viruses (gold)WIKIMEDIA, CDC/COURTESY OF CYNTHIA GOLDSMITH; JACQUELINE KATZ; SHERIF R. ZAKIThe legal battle between Ron Fouchier and the Dutch government is dragging on, with the scientist’s employer, Erasmus Medical Center in Rotterdam, appealing the September district court decision that legitimized the government’s requirement that Fouchier obtain an export license to publish his work. At issue is the potential for Fouchier’s research, which involves mutating H5N1 avain flu to become transmissible between ferrets, to be used by bioterrorists.

Fouchier published his initial report on the work in a June 2012 issue of Science, but only after obtaining an export license from the Dutch government under protest. Prior to the publication, a US biosecurity panel suggested that some of the results in Fouchier’s paper and a similar study from a group at the University of Wisconsin, Madison, should be redacted to guard against misuse of the information for nefarious purposes. This recommendation sparked a worldwide moratorium on such research, but the panel later reversed course and greenlighted the full publication of the work. In April 2012, Fouchier told Nature that he would “never apply for an export permit on a scientific manuscript for publication in a journal. We do not want to create a ...

Interested in reading more?

Become a Member of

The Scientist Logo
Receive full access to more than 35 years of archives, as well as TS Digest, digital editions of The Scientist, feature stories, and much more!
Already a member? Login Here

Related Topics

Meet the Author

  • From 2017 to 2022, Bob Grant was Editor in Chief of The Scientist, where he started in 2007 as a Staff Writer. Before joining the team, he worked as a reporter at Audubon and earned a master’s degree in science journalism from New York University. In his previous life, he pursued a career in science, getting a bachelor’s degree in wildlife biology from Montana State University and a master’s degree in marine biology from the College of Charleston in South Carolina. Bob edited Reading Frames and other sections of the magazine.

    View Full Profile
Share
February 2026

A Stubborn Gene, a Failed Experiment, and a New Path

When experiments refuse to cooperate, you try again and again. For Rafael Najmanovich, the setbacks ultimately pushed him in a new direction.

View this Issue
Human-Relevant In Vitro Models Enable Predictive Drug Discovery

Advancing Drug Discovery with Complex Human In Vitro Models

Stemcell Technologies
Redefining Immunology Through Advanced Technologies

Redefining Immunology Through Advanced Technologies

Ensuring Regulatory Compliance in AAV Manufacturing with Analytical Ultracentrifugation

Ensuring Regulatory Compliance in AAV Manufacturing with Analytical Ultracentrifugation

Beckman Coulter Logo
Conceptual multicolored vector image of cancer research, depicting various biomedical approaches to cancer therapy

Maximizing Cancer Research Model Systems

bioxcell

Products

Sino Biological Logo

Sino Biological Pioneers Life Sciences Innovation with High-Quality Bioreagents on Inside Business Today with Bill and Guiliana Rancic

Sino Biological Logo

Sino Biological Expands Research Reagent Portfolio to Support Global Nipah Virus Vaccine and Diagnostic Development

Beckman Coulter

Beckman Coulter Life Sciences Partners with Automata to Accelerate AI-Ready Laboratory Automation

Refeyn logo

Refeyn named in the Sunday Times 100 Tech list of the UK’s fastest-growing technology companies