• Title/Summary/Keyword: biological property

Search Result 549, Processing Time 0.036 seconds

Medicolegal Study on Human Biological Material as Property (인체 유래 물질의 재산권성에 대한 의료법학적 고찰)

  • Lee, Ung-Hee
    • The Korean Society of Law and Medicine
    • /
    • v.10 no.2
    • /
    • pp.455-492
    • /
    • 2009
  • (Background) Recent biotechnological breakthroughs are shedding new lights on various ethical and legal issues about human biological material. Since Rudolph Virchow, a German pathologist, had founded the medical discipline of cellular pathology, issues centering around human biological materials began to draw attention. The issues involving human biological materials were revisited with more attention along with series concerns when the human genome map was finally completed. Recently, with researches on human genes and bioengineering reaping enormous commercial values in the form of material patent, such changes require a society to reassess the present and future status of human tissue within the legal system. This in turn gave rise to a heated debate over how to protect the rights of material donors: property rule vs. no property rule. (Debate and Cases) Property rule recognizes the donors' property rights on human biological materials. Thus, donors can claim real action if there were any bleach of informed consent or a donation contract. Donors can also claim damages to the responsible party when there is an infringement of property rights. Some even uphold the concept of material patents overtaking. From the viewpoint of no property rule, human biological materials are objects separated from donors. Thus, a recipient or a third party will be held liable if there were any infringement of donor's human rights. Human biological materials should not be commercially traded and a patent based on a human biological materials research does not belong to the donor of the tissues used during the course of research. In the US, two courts, Moore v. Regents of the University of California, and Greenberg v. Miami Children's Hospital Research Institute, Inc., have already decided that research participants retain no ownership of the biological specimens they contribute to medical research. Significantly, both Moore and Greenberg cases found that the researcher had parted with all ownership rights in the tissue samples when they donated them to the institutions, even though there was no provision in the informed consent forms stating either that the participants donated their tissue or waived their rights to ownership of the tissue. These rulings were led to huge controversy over property rights on human tissues. This research supports no property rule on the ground that it can protect the human dignity and prevent humans from objectification and commercialization. Human biological materials are already parted from human bodies and should be treated differently from the engineering and researches of those materials. Donors do not retain any ownership. (Suggestions) No property rule requires a legal breakthrough in the US in terms of donors' rights protection due to the absence of punitive damages provisions. The Donor rights issue on human biological material can be addressed through prospective legislation or tax policies, price control over patent products, and wider coverage of medical insurance. (Conclusions) Amid growing awareness over commercial values of human biological materials, no property rule should be adopted in order to protect human dignity but not without revamping legal provisions. The donors' rights issue in material patents requires prospective legislation based on current uncertainties. Also should be sought are solutions in the social context and all these discussions should be based on sound medical ethics of both medical staffs and researchers.

  • PDF

Evaluation on Biological Sensitivity of Three Fumigants Used for Conservation of Wooden Cultural Property

  • Kim, Si Hyun;Kim, Dae Woon;Lee, Hyun Ju;Lee, Byung Ho;Kim, Bong Su;Chung, Yong Jae
    • Journal of the Korean Wood Science and Technology
    • /
    • v.44 no.4
    • /
    • pp.526-538
    • /
    • 2016
  • Fumigants are used worldwide for control of biological agents that damage wooden cultural property. To establish a policy for fumigant use, biological evaluation of insects and microorganisms considering many factors is required. This study was performed to evaluate biological sensitivity and wood penetration of three fumigants applied for control of biological agents that damage wooden cultural properties in Korea. Among these, methyl bromide and ethylene oxide can control insects and fungi when exposed directly. However, they were unable to completely control biological agents within deeper parts of wood. Ethanedinitrile, which was developed as an alternative fumigant, exhibited outstanding wood penetration and biocidal efficacy. Further research involving various environmental conditions is warranted.

Investigation of cultivation and FAME composition isolated Phaeodactylum tricornutum from Youngheung island (영흥도에서 분리된 Phaeodactylum tricornutum의 증식 및 Monounsaturated fatty acid 관련 지방산 조성 분석)

  • Lee, SangMin;Cho, Yonghee;Shin, ong-Woo;Jeon, Hyonam;Ryu, YoungJin;Lim, Sang-Min;Lee, Choul-Gyun
    • Journal of Marine Bioscience and Biotechnology
    • /
    • v.6 no.2
    • /
    • pp.47-52
    • /
    • 2014
  • Oxidation stability and cold fuid property are considered as the most important factors for determining biodiesel quality. Among the fatty acids, monounsaturated fatty acid satisfy both oxidation stability and cold flow property of biodiesel quality standards. Microalgae with high monounsaturated fatty acid contents is have some benefit for producing to produce biodiesels with satisfying quality standards. In this study, monounsaturated fatty acid contents of a isolated microalga from Youngheung island was analyzed. Phaeodactylum tricornutum was isolated by streaking, and growth rate and fatty acid composition of the algae were investigated. Total FAME contents were consisted of 26% of saturated fatty acids, 43% of monounsaturated fatty acids, and 18% of polyunsaturated fatty acids. The contents of monounsaturated fatty acid were especially high in the Phaeodactylum species. This result implies that the FAMEs from P. tricornutum may contribute to improve the oxidation stability and cold flow property of biodiesel.

The Commercialization of Academic Research in the Context of Shifting Intellectual Property Regimes in the Twentieth Century (20세기 대학연구의 상업화와 지적재산권 제도의 변화)

  • Yi, Doogab
    • Korean Journal of Environmental Biology
    • /
    • v.32 no.4
    • /
    • pp.403-412
    • /
    • 2014
  • This article chronicles key shifts in intellectual property regimes in the twentieth century as they related to the commercialization of academic research. The institutionalization and growth of scientific research in the research university in the twentieth century and the increasing awareness of its potential to promote technology innovation and economic growth posited an important question of the ownership of knowledge created in the academic setting, where knowledge was traditionally regarded as a common property among academic researchers. This paper shows the ownership of academic knowledge emerged as a key public policy and legal issue in the latter half of the twentieth century for academic researchers and government officials who pursue the commercialization of academic knowledge for private gain and public benefit. The resulting institutionalization of patent management in the research university and shifts in federal patent policy in turn opened a new legal avenue for the establishment of the private ownership of academic knowledge and the expansion of intellectual property rights in academia, especially in the area of biological and biomedical research. Reflecting upon historical shifts in intellectual property regimes in the twentieth century, this paper suggests recent controversies regarding ownership of biological knowledge and profit sharing in developing counties are linked to critical issues pertinent to the welfare of indigenous population, utilization of new natural resources, and sustainable development for humanity.

A study on the performance of the polymer valve in Total Artificial Heart (인공심장용 폴리머 밸브의 역류 특성 분석)

  • Lee, J.J.;Choi, J.H.;Lee, J.H.;Yi, S.W.;Om, K.S.;Ahn, J.M.;Min, B.G.
    • Proceedings of the KOSOMBE Conference
    • /
    • v.1998 no.11
    • /
    • pp.241-242
    • /
    • 1998
  • For the aritificial heart valve, two types of valves-polymer and mechanical valve- are generally used. The polymer valve is used as a new low-cost artificial valve. Among the several properties of the artificial valve, the low-regurgitation property is important because it can provide better cardiac output characteristic. So in this study we analyzed and compared the regurgitation property of the mechanical valve which is generally used nowdays and the polymer valve which was made in our group. As results, the polymer valve showed the better regurgitation property compared to the mechanical valve approximately by 3 times, and increased the cardiac output by 10%.

  • PDF

The Role of Intellectual Property Rights for Conserving Biological Diversity - Patent Law Treaty for Protecting Genetic Resources and Traditional Knowledge - (생물다양성보전을 위한 지적재산권의 역할 연구 - 유전자원과 전통지식 보호를 위한 특허법의 역할 중심으로 -)

  • Kang, Gil-Mo;Yeom, Jae-Ho;Doh, Seong-Jae;Lee, C. Mi-Jin;Kwon, Suk-Jae
    • Ocean and Polar Research
    • /
    • v.29 no.1
    • /
    • pp.43-53
    • /
    • 2007
  • Recently, controversy over intellectual property rights for protecting genetic resources and traditional knowledge has been emerging. Very active debates and global discussions are being carried out in various international organizations for possible approaches to be taken for these properties, and for the fair and equal sharing of the benefits from these intellectual properties. There is a need to evaluate adopting a sui generis system which is being pushed by developing nations, or adopting a policy which will guaranteee benefit sharing such as sharing royalties from marketing final products, technical transfers, capacity building, and participating in research activities. Also, it is very important to examine the legal issues concerning genetic resources based on Convention on Biological Diversity for the fair and equal sharing of the benefits with developing nations, at the same time assuring developed nations of access to genetic resources.

Synthesis of Salens and Their Cobalt Complexes from Meso-1,2-Diamine and Their Anti-Cancer Property (메소-1,2-디아민을 이용한 Salen-코발트 착화합물의 합성과 항암효과)

  • Koh, Dong-Soo
    • Journal of Applied Biological Chemistry
    • /
    • v.53 no.2
    • /
    • pp.108-111
    • /
    • 2010
  • New salens (3) and their Cobalt complexes (4) were prepared from meso-1,2-bis(ortho-hydroxyphenyl)-1,2-diaminoethane (1) and substituted salicylic aldehydes (2). In contrast to symmetric structure of salen ligand (3), salen-Co(III) complexes (4) showed dissymmetric molecular structure due to participation of three hydroxyl groups in complex formation. One of the salens (3b) revealed decrease in Cyclin D1 expression, which represents anti-cancer property.

Synthesis and Identification of Novel Pyrazoline and Its Anti-cancer Property (새로운 피라졸린 화합물의 합성과 구조결정 및 항암효과)

  • Koh, Dong-Soo
    • Journal of Applied Biological Chemistry
    • /
    • v.54 no.2
    • /
    • pp.143-146
    • /
    • 2011
  • Novel pyrazoline (4) was synthesized from chalcone (3) which was prepared from 2'-hydroxy-l'acetonaphthone (1) and 4-methoxy benzaldehyde (2). Pyrazoline (4) forms resonance assisted hydrogen bond between naphthol hydroxyl group and imine nitrogen in a pyrazoline ring. Pyrazoline (4) shows Poly ADP-ribose Polymerase (PARP) cleavage ability as a proof of apoptosis in cancer cell, which reveals its anti-cancer property.

Alternative Dispute Resolution in Genetic Resources and Traditional Knowledge: Settlement at the World Intellectual Property Arbitration and Mediation Center

  • Kwak, Choong Mok
    • Journal of Arbitration Studies
    • /
    • v.29 no.3
    • /
    • pp.75-97
    • /
    • 2019
  • The growing importance of biological resources as sovereign rights to healthcare, energy, and food has sparked international discussions on Genetic Resources (GRs) and Traditional Knowledge (TK). As the bio-industry continues to grow, research and development utilizing patented biological resources are advocated. Currently, World Intellectual Property Organization (WIPO) is actively discussing GRs and TK, and an effective response to national interest has been sought. Of late, there have been growing disputes over issues like ownership, control, and access and benefit-sharing between indigenous peoples and users of GRs and TK resources. Resolution of disputes concerning GRs and TK are thus becoming critical not only to stakeholders such as the indigenous peoples and corporations, but also to third-party users. Due to the weakness of the current IP and court system however, such disputes are not addressed adequately. This paper will address the use of Alternative Dispute Resolution (ADR), which is an out-of-court dispute resolution system, on conflicting issues regarding GRs and TK. It will consider the WIPO as a forum for ADR and ADR for GRs and TK disputes and it will seek both parties in the dispute to benefit from the use of the ADR process.