The legal status of human biological materials and the consequences in biobanking

摘要

This paper discusses the legal status of human tissue when detached from the body. Scientific advances compel a change in legal perspective from the traditional 'material' view to recognise the 'informational' capacity of tissue. The aim of this article is to critically review this legal shift and its consequences for human research biobanking, and to propose a new theory on the legal nature of human tissue.