The Human Genome as Common Heritage: Common Sense or Legal Nonsense?
- 1 January 2007
- journal article
- Published by Cambridge University Press (CUP) in Journal of Law, Medicine & Ethics
- Vol. 35 (3) , 425-439
- https://doi.org/10.1111/j.1748-720x.2007.00165.x
Abstract
In the opening years of the 21st century, it became fashionable to describe the human genome as belonging to the common heritage of humanity. The United Nations, in its Universal Declaration on the Human Genome and Human Rights, now identifies the human genome as part of the common heritage, as does the international Human Genome Organization (HUGO) and the Council of Europe. The common heritage concept has played a prominent role in arguments against patenting the human genome or portions thereof. This essay considers whether the common heritage designation will advance the political and legal goals of its proponents.Keywords
This publication has 16 references indexed in Scilit:
- Whose tissue is it anyway?Nature Biotechnology, 2005
- Finishing the euchromatic sequence of the human genomeNature, 2004
- The rough guide to the genomeNature, 2003
- Why Sex and Recombination?Science, 1998
- Can Patents Deter Innovation? The Anticommons in Biomedical ResearchScience, 1998
- Professional Disclosure of Familial Genetic InformationAmerican Journal of Human Genetics, 1998
- The Human Genome Project and PatentsScience, 1991
- Two Ways of Thinking about Cultural PropertyAmerican Journal of International Law, 1986
- The Comedy of the Commons: Custom, Commerce, and Inherently Public PropertyThe University of Chicago Law Review, 1986
- The Public Trust Doctrine in Natural Resource Law: Effective Judicial InterventionMichigan Law Review, 1970