Monday, November 16, 2009

Ownership and Use of Tissue Specimens for Research

Ownership and Use of Tissue Specimens for Research

Rina Hakimian, JD, MPH; David Korn, MD

JAMA. 2004;292:2500-2505.

Scientists want better systems for clinically annotated tissue samples. They can use these systems and samples to do much needed research on human diseases. The diseases could be cured very quickly if it was not for the federal regulations and the ownership rights of the specimens. There is no definitive case to tell doctors and scientists the boundaries of their work with tissue samples. It all remains undefined and contentious. Recent examination of these issues by a US federal court ended up with a ruling that individuals do not retain the rights of ownership over their biological materials that have been contributed to research, regardless of whether the company receives capital or not.

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