One of the toughest and not resolved legal and ethical issues in the field of patent law is thought to be the establishment of ‘the optimal means of distribution among biomedical researchers and their research participants of any rights in commercial products and revenues derived from human tissue’ (Gitter p.261). In consists in the fact whether a patient is granted a property right to a cell-line, particularly tissue, extracted from his body. Tissue itself is defined as ‘a collection of cells of similar structure organized to carry out one or more particular functions’ (Gitter p. 261).
Issue
It is logical that it was exactly a person, who has given a ‘material’ for a research, namely he also gave his consent for the action, which produced certain scientific results, which were later patented, thus, a patient is to be rewarded for that. Additionally, there were situations, when patients were not informed about potential commercial benefits …show more content…
The idea, reflected in the Moore’s case, was later supported in a number of cases, particularly in Hecht v. Superior Court (Korobkin and Munzer p. 218) Also, we can refer to the similar situation taking place during the exploration of so-called HeLa cell line, named after Henrietta Lacks, who died due to cancer and after unsuccessful radium treatment (Devine p.1). ‘Without Lacks’ knowledge or consent, her doctor shared a sample of her tumors with a researcher, Dr. George Gey, intent on developing an immortal cell line, that led to medical advancements’ (Devine p.1). Hence, we can claim claim that everything we can do only benefited people, who need treatment and new
Issue
It is logical that it was exactly a person, who has given a ‘material’ for a research, namely he also gave his consent for the action, which produced certain scientific results, which were later patented, thus, a patient is to be rewarded for that. Additionally, there were situations, when patients were not informed about potential commercial benefits …show more content…
The idea, reflected in the Moore’s case, was later supported in a number of cases, particularly in Hecht v. Superior Court (Korobkin and Munzer p. 218) Also, we can refer to the similar situation taking place during the exploration of so-called HeLa cell line, named after Henrietta Lacks, who died due to cancer and after unsuccessful radium treatment (Devine p.1). ‘Without Lacks’ knowledge or consent, her doctor shared a sample of her tumors with a researcher, Dr. George Gey, intent on developing an immortal cell line, that led to medical advancements’ (Devine p.1). Hence, we can claim claim that everything we can do only benefited people, who need treatment and new