Patenting of human genetic material v. bioethics: revisiting the case of John Moore v. Regents of the University of California.
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Date
2010-04
Authors
Narayanan, Nithya
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Abstract
Moore v. Regents of the University of California was one of the
first cases internationally that dealt with the patenting of human
genetic material. The case is closely related to the development
of medicine and of biotechnology applied to medicine. These
developments require the utilisation of human body parts, both
for experiments and for transplant, and present certain major
medico-legal problems. However, the case did not produce
conclusive decisions on the various key legal issues that it raised
involved in biomedical research and the patenting of human
genetic material. This article re-examines the case from an Indian
and an international perspective.
After a brief introduction in Part I, Part II of the article describes
existing laws in various countries with respect to the patenting of
human genetic material. Part III discusses legal regimes applicable
in the context of biological materials. Part IV elaborates on the
importance of the doctrine of informed consent in the context
of biomedical research on human subjects. Part V discusses
the significance of bioethics in research and the patenting of
biotechnology, according to international law. Part VI concludes
the article with an assertion of the urgent need for legislation in this area
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Narayanan Nithya. Patenting of human genetic material v. bioethics: revisiting the case of John Moore v. Regents of the University of California. Indian Journal of Medical Ethics. 2010 Apr-June; 7(2): 82-89.