|
KMID : 1234820070080010009
|
|
Korean Society of Law and Medicine
2007 Volume.8 No. 1 p.9 ~ p.34
|
|
|
Material Transfer Agreement for Human Material
|
|
Kim Jang-Han
|
|
|
Abstract
|
|
|
|
Human material is considered as an independent object after departing from human body. But unlike other materials, that is not allowed for the trading because of the nature of personality. According to the present legal system, the human material is only permitted to donate to the researcher or biobank for scientific study. Bur after the collection, the human materials are regarded as a valuable assets and the collectors want to get more economic gains. If the neutral modulators serve for the justifiable circulation. The economic motivations could be prevented within material transfer processes. In real life, the neutral modulator is hard to find and most of partipants are involved in the economic interests. In this situation, it may be justifiable to permit the person who donate his body material to pursue reach through right on his material. The problem is how to measure the value of human material and how to treat the informed consent. If the essential portion of human personality is contributed to the value of human material and if only his material can be served for the invention, the tissue donator can get economic interests on his body material as his property. That is based on the rule of processing of human efforts on civil law.
|
|
|
KEYWORD
|
|
|
Human material, Biobank, MTA, Moore
|
|
|
FullTexts / Linksout information
|
|
|
|
|
|
Listed journal information
|
|
|