The recognition of proprietary rights in human tissue in common law jurisdictions

Human tissue is used in an increasing number of medical and scientific contexts. Despite this, the law has traditionally regarded such tissue as having no status in law. This paper provides an overview of the issue of property rights in human corpses, cadaveric specimens, donated living tissue, and human tissue used in biotechnology and human reproductive technology. It discusses Australian common law and legislation, and reviews developments in England and the United States from an Australian perspective. The paper argues that limited proprietary rights, consistent with Australian legislation, ought to be recognized both in living and in dead human tissue, in order to achieve worthwhile objectives.