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dc.contributor.authorSKENE, LOANEen_US
dc.date.accessioned2014-05-22T08:57:22Z
dc.date.available2014-05-22T08:57:22Z
dc.date.issued2002en_US
dc.date.submitted2006-08-25en_US
dc.identifier.citationSkene, L. (2002). Proprietary rights in human bodies, body parts and tissue: regulatory contexts and proposals for new laws. Legal Studies, 22(1), 102-127.en_US
dc.identifier.urihttp://hdl.handle.net/11343/33402
dc.descriptionThis is a post-print version of an article published on behalf of The Society of Legal Scholars by Wiley interScience in Legal Studies © 2002 Wiley interScience; the definitive version is available at http://www3.interscience.wiley.com/cgi-bin/homeen_US
dc.description.abstractThis paper examines the law on the proprietary rights of people in respect of their bodies, body parts and tissue. Proprietary rights include rights of ownership and control. The paper argues that the context in which judicial decisions are made and policy recommendations are developed sometimes results in a patchwork of legal principles. Being aware of the context in which different aspects of the law have been developed enables us to understand why principles have been developed, what is needed to reconcile them and how we can establish a coherent regulatory regime. The paper then proposes such a scheme to deal with proprietary and control rights in this area. It argues that people (or the personal representatives of people who have died) should have a personal autonomy right to be consulted about the use of their corpse or their excised body parts or tissue in teaching, research and commercialisation of biological inventions, and to refuse or to impose conditions. They should not, however, have a right of ultimate ownership in their corpse, body parts or tissue, except for the limited right of personal representatives to gain possession of bodies and body parts of people who have died for burial or cremation if they so wish. That right should not extend to tissue preserved on slides, in paraffin wax or similar format. That tissue should be subject to proprietary interests in favour only of the hospital, research institute, its staff or the people to whom they transfer it. The same rule should apply to bodies or body parts held by a hospital or research institute with the consent of the person concerned, though the bodies or body parts may ultimately have to be returned for burial or cremation. Tissue removed under a statutory requirement without consent, such as for coronial investigation or forensic tests, should be used only for the purposes prescribed by the relevant legislation.en_US
dc.formatapplication/pdfen_US
dc.languageengen_US
dc.publisherHeinen_US
dc.relation.isversionofhttp://www3.interscience.wiley.com.ezp.lib.unimelb.edu.au/cgi-bin/fulltext/118915342/PDFSTARTen_US
dc.subjectownershipen_US
dc.subjectbody partsen_US
dc.subjecthuman tissueen_US
dc.subjectproprietary rightsen_US
dc.subjectgenetic testen_US
dc.subjectmedical researchen_US
dc.titleProprietary rights in human bodies, body parts and tissue: regulatory contexts and proposals for new lawsen_US
dc.typeJournal (Paginated)en_US
melbourne.peerreviewPeer Revieweden_US
melbourne.affiliationThe University of Melbourneen_US
melbourne.affiliation.departmentLawen_US
melbourne.publication.statusPublisheden_US
melbourne.source.titleLegal Studiesen_US
melbourne.source.volume22en_US
melbourne.source.issue1en_US
melbourne.source.pages102-127en_US
melbourne.elementsidNA
melbourne.contributor.authorSkene, Loane
melbourne.accessrightsOpen Access


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