Property Rights and Benefit-Sharing for DNA Donors?
Gary E. Marchant
Arizona State University - College of Law
Jurimetrics, Vol. 45, pp. 153-178, 2005
The traditional assumption in most genetic research is that the donors of genetic material used in research act altruistically and are entitled to no property rights or direct benefit-sharing in the fruits of the research. This traditional assumption is now being challenged from several different directions. Some international ethics guidelines, advocacy organizations for families suffering from genetic diseases, and special populations such as Indian tribes are all pushing for greater control, rights, and benefit-sharing for genetic donors. The failure to resolve the tensions between these new demands and the traditional assumption of genetic research has the potential to create a bottleneck in the supply of genetic samples vital to the advancement of genetic research. This Article traces the recent controversies and trends that are challenging the traditional assumption that DNA donors in genetic research have no property or other rights in their donated material and outlines some alternative approaches for resolving this problem.
Number of Pages in PDF File: 26
Keywords: Genetic research, property rights, benefit-sharing
JEL Classification: K11, K32, 118
Date posted: June 13, 2005