Ownership of Samples and Data and Territorial Restrictions Concerning Data and Samples Beyond National Boundaries

ETHICAL AND REGULATORY ASPECTS OF HUMAN GENETIC DATABASES, B. Elger, N. Biller-Andorno, A. Mauron, A. Capron, eds., Ashgate Publishing, 2007

17 Pages Posted: 3 Nov 2007

Abstract

The paper is a draft chapter of a forthcoming book discussing the ethical and legal issues of human genetic databases. Reporting data collected as part of a qualitative research project, the present chapter discusses some issues of ownership of samples and data as well a cross-national transfer of samples and data.

Regarding ownership issues, data show that the question of patrimonial rights in human genetic material is much contested in theory and in practice. Views on this subject diverge in interesting ways between the industrial world and developing countries, in particular those with a colonial past.

Regarding territorial restriction, reasonable arguments for and against were offered by the respondent. In an age of increasing global exchange of ideas, territorial restrictions may look a surprising (if not anachronistic) strategy to protect something - a national, genetic treasure - that by its very nature defies geographical containment. Yet, restrictions do not seem to violate fundamental ethical principles but only the ethical aspiration that scientific research ought to conducted in the common interest of humanity.

Keywords: DNA ownership, custodian, life sciences, law, ethics, biomedical research, crossnational tranfer

JEL Classification: I18, K00, K32

Suggested Citation

Boggio, Andrea, Ownership of Samples and Data and Territorial Restrictions Concerning Data and Samples Beyond National Boundaries. ETHICAL AND REGULATORY ASPECTS OF HUMAN GENETIC DATABASES, B. Elger, N. Biller-Andorno, A. Mauron, A. Capron, eds., Ashgate Publishing, 2007, Available at SSRN: https://ssrn.com/abstract=1027062

Andrea Boggio (Contact Author)

Bryant University ( email )

1150 Douglas Pike
Smithfield, RI 02917
United States
4012326455 (Phone)

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