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Negotiating Commercial Interests in Biospecimens

Published online by Cambridge University Press:  01 January 2021

Jessica L. Roberts
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Abstract

Proposed changes to the Common Rule would require publicly funded researchers to disclose whether a subject's biospecimens could be used for commercial profit and whether the subject will share in those proceeds. Disclosing commercial interests will inform research participants that their tissue may have commercial value, a possibility that those individuals might not have previously considered. The proposed changes may then provide people with an opportunity to negotiate commercial rights in their biospecimens despite the well-accepted legal precedent that individuals maintain no interests in their excised tissue.

Information

Type
Independent Articles
Information
Journal of Law, Medicine & Ethics , Volume 45 , Issue 1: Under Attack: Reconceptualizing Informed Consent , Spring 2017 , pp. 138 - 141
Copyright
Copyright © American Society of Law, Medicine and Ethics 2017

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References

Daniels, A. K., “Henrietta Lacks's Family Wants Compensation for Her Cells,” Washington Post, February 14, 2017.Google Scholar
82 Fed. Reg. at 7266 (to be codified in 45 C.F.R. § 46.114(c)(7)).Google Scholar
Moore v. Regents of the Univ. Cal., 793 P.2d 479 (Cal. 1990).Google Scholar
Carlson, P., “A Seattle Man Vents His Spleen Against Those Who Would Use It for Profit,” People Magazine, September 23, 1985.Google Scholar
Greenberg v. Miami Children's Hosp., 264 F. Supp. 2d 1064 (S.D. Fla. 2003).Google Scholar
Gorner, P., “Court Allows Suit on Use of Dead Kids' DNA for Patent,” Chicago Tribune, June 8, 2003; P. Gorner, “Parents Suing Over Patenting of Genetic Test,” Chicago Tribune, November, 19, 2000.Google Scholar
Washington University v. Catalona, 437 F. Supp. 2d 985 (E.D. Mo. 2006).Google Scholar
Rao, R., “Genes and Spleens: Property, Contract, or Privacy Rights in the Human Body,” Journal of Law, Medicine & Ethics 35, no. 3 (2007): 371-382, at 374-375.CrossRefGoogle Scholar
Roberts, J. L., Pereira, S., and McGuire, A. L., “Should You Profit from Your Genome?” Nature Biotech 35 (2017): 18.Google Scholar
Karow, J., “Consumer Genomics Startup Genos Research Plans to Let Customers Explore, Share Their Data,” GenomeWeb, June 13, 2016, available at <https://www.genomeweb.com/molecular-diagnostics/consumer-genomics-startup-genos-research-plans-let-customers-explore-share> (registration required).+(registration+required).>Google Scholar
45 C.F.R. §§ 46.101(a), 46.122.Google Scholar
82 Fed. Reg. at 7266 (to be codified in 45 C.F.R. § 46.114(c)(7)).Google Scholar
Id., at 7168.Google Scholar
Id., at 7151.Google Scholar
Wolf, L. and Lo, B., “Untapped Potential: IRB Guidance for the Ethical Research Use of Stored Biological Materials,” IRB 26, no. 4 (2004): 2, 4.CrossRefGoogle Scholar