Human Material Donors’ Right to Research Profits

• ​Author

You, Ho-jong

• Language

Korean

• Year

2015

• Abstract

These days, medical and biotechnological research are often performed using human materials and genetic information. Actually, among researchers and donors, only researchers benefit financially from such research. This paper examines just distribution of such profits. First, this paper compares research using human materials and genetic information with blood transfusion, the transplantations of tissues and organs. Next, this paper examines the basis of assertion that patent-protected profits must be distributed not only to the researchers but also to the donors. The possible basis is ‘sharing of patent right argument’ and ‘investment argument’. This paper testifies that the former argument is not persuasive because inventors monopolize the patent-protected profits in the current patent system and there is no reason to think that research of human materials and genetic information are exceptions of the system. This paper testifies the latter argument is not persuasive, either. The investments of human materials and genetic information presuppose the justification of their trading. However, trading of human materials and genetic information cannot be justified. Therefore, this paper concludes that the researchers’ monopoly on patent-protected profits can be justified.