Maddox, Neil (2016) ‘Abandonment’ and the Acquisition of Property Rights in Separated Human Biomaterials. Medical Law International, 16 (3-4). pp. 229-251. ISSN 0968-5332
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Abstract
This paper offers a critique of the concept of ‘abandonment’ when utilised in relation to separated
human biomaterials. In the absence of the recognition of even limited property rights in the human
source of such materials, the author contends that utilising abandonment is meaningless and
misleading. Absurd consequences need not result from recognition of such limited property rights and
indeed most cases of purported abandonment of human tissue are more akin to voluntary transfers.
Describing such transfers in terms of abandonment obscures questions as to the agency and the scope
of the fiduciary duties of medical professionals and researchers. Income rights in such materials are
more appropriately determined in reference to normative questions concerning creator incentives, not
by reference to abandonment. A framework that clearly identified when and in whom original
property entitlements in the body vest, would help remove any subsequent conceptual confusion about
the subsequent loss, transfer or abandonment of these entitlements.
Item Type: | Article |
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Keywords: | Abandonment; human biomaterials; property rights; biotechnology; waste tissue; |
Academic Unit: | Faculty of Social Sciences > Law |
Item ID: | 12254 |
Identification Number: | 10.1177/0968533216679486 |
Depositing User: | Dr. Neil Maddox |
Date Deposited: | 23 Jan 2020 17:09 |
Journal or Publication Title: | Medical Law International |
Publisher: | SAGE Publications |
Refereed: | Yes |
Related URLs: | |
URI: | https://mural.maynoothuniversity.ie/id/eprint/12254 |
Use Licence: | This item is available under a Creative Commons Attribution Non Commercial Share Alike Licence (CC BY-NC-SA). Details of this licence are available here |
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