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property rights in own cells (patents)

  • 29-07-2009 11:42pm
    #1
    Closed Accounts Posts: 3


    Hi,
    Is anyone out there familiar with the case of Moore v Regents University California. Briefly the case concerns a man who had leukaemia, the doctor took samples of his blood, his bone marrow and other bodily fluids. They removed his spleen, told him that his life was in danger if he did not undergo surgery but had prior to the operation made arrangements to obtain a portion of the spleen for their own research in to a lucrative product, and for almost 7 years after this he had to periodically return to california to have further samples taken. His doctor however was using his blood or more specifically his t-lymphocytes, without his consent, to form the basis of a new product. The court did not accept that moore retained the rights to his cells because the substance taken by the doctors was Lymphokines which is the same in every human being. Its a really interesting case and I was just wondering if this issue came before the irish courts would the same decision be reached as the US courts? what legislation would it be under and also if anyone is familiar with this case does anyone know how Moore found out his cells were being used for research in to this product?
    Hopefully this is the right forum I've posted this in, any help would be much appreciated,
    Thank you.


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