The special case of property rights in umbilical cord blood for transplantation

In this Article, Professor Stephen R. Munzer makes a case for limited prope rty rights in umbilical cord blood. Professor Munzer proposes that the uniq ue nature of cord blood, distinguishes it from body wastes and qualifies it as a body part in which property rights vest. Employing a theory of proper ty, based in part on the articulation of the principles of utility and effi ciency, justice and equality, and "labor-desert," he explores legal and phi losophical arguments that justify the acknowledgment of such rights. He als o discusses concerns over alleged generous granting of patents in the area of cord blood stem cells in light of these principles. Significant aspects of health policy are explored with particular focus on the potential value of using cord blood to treat various diseases and disorders. Professor Munzer discusses various difficult cases involving the exercise o f property rights in umbilical cord blood with respect to the interests and /or motives of newborns, parents, and other parties. He argues that some of the concerns associated which the commercialization and commodification of cord blood are not serious enough to warrant significant barriers to marke t exchanges of property rights in cord blood. In addition, he concludes tha t the particular nature and harvesting of cord blood do not make its commod ification morally problematic. Finally, Professor Munzer reinforces his tre atment of property rights in cord blood by addressing abjections that view property as "propriety," as a pragmatic institution, or as social relations .