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Property Rights and the Control of
Human Tissue Samples
Russell Korobkin
Richard C. Maxwell Professor UCLA School of Law
Specimen Science Conference Harvard Law School Petrie-Flom Center
November 16, 2015
Property Rights in Human Tissue Specimens
Disembodied tissue are chattels subject to ownership
Legal Theory
Property as a “bundle of sticks”
Some restrictions do not negate property status
Case Law
U.S. v. Prince Kumar Arora
Del Zio v. The Presbyterian Hospital of New York
Moore v. Regents (Dissent)
Information within tissue cannot be owned
“Products of nature” doctrine
Assoc. for Molecular Pathology v. Myriad (U.S. Supreme Court)
Transfer of Property Rights
Gift
Washington University v. Catalona
Greenberg v. Miami Children’s Hospital
Issue: Is gift conditional?
Abandonment
Venner v. State of Maryland
Moore v. Regents of the University of California
Issue: Did donor intend to abandon?
Sale
Issue: Is a sale permitted?
Donor Biobank Tissue
Sample
Interpretive Presumptions
Issue
Are donations
conditional or
unconditional?
Are donations
compensated or
uncompensated?
Default
Unconditional
Uncompensated
Altering Rule
Strict
Probably
Strict
Sources of Donor Control Over Uses
Property rights
Informed consent
Privacy
Usually clear
Common law and “Common Rule”
Where the action should be