By Remigius N. Nwabueze
Biotechnology and the problem of estate addresses the query of the way the development of estate legislation is able to controlling the pursuits generated by means of the engineering of human tissues. via a comparative attention of non-Western societies and industrialized cultures, this publication addresses the influence of contemporary biotechnology, and its criminal lodging at the conventional behavior and conventional ideals which form the lives of alternative groups. Nwabueze offers an advent to the criminal rules of the evolving makes use of of human tissues, and its implications for standard wisdom, ideals and cultures.
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Additional info for Biotechnology and the Challenge of Property (Medical Law and Ethics)
To remedy this problem, the scope of patents over genetic material may need to be more rigorously defined to separate the chemical or structural nature of genetic material from its informational content. Patents should only prevent the making, using, selling, and importation of genetic material when that material is used as a chemical, but should not unduly limit access and use of the particular information content of a naturally occurring sequence, regardless of whether the sequence is being used in natural or artificial form (italics in original).
Harris, ‘Whiteness As Property’ (1993) 106 Harv. L. Rev. 1709, at 1720. Harris, supra, note 35. 37 The decision of the Canadian Federal Court of Appeal in President and Fellows of Harvard College v. R. (4th) 385 touches upon this point. Justice Rothstein observed: Strictly, the question does not arise here, because the patent claims are restricted to non-human mammals. However, the potential extension to human beings is an obvious concern. The answer is clearly that the Patent Act cannot be extended to cover human beings.
And even primitive societies make this distinction. This holds both for land or flocks or the produce of the hunt which were held in common, and for such individual property as there was. In both cases, to have a property is to have a right in the sense of an enforceable claim to some use or benefit of something, whether it is a right to a share in some common resource or an individual right in some particular things.