Real and Intellectual Property Law Briefs - Case Study Example

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Real and Intellectual Property Law Briefs

Golde made many post operative trips to the medical center for regular check ups. In addition to the normal check ups the doctors at the medical centre conducted research on the cells extracted from Moore's body and hoped to benefit commercially from the results of their research. However, this fact about research was not disclosed to Moore by the Doctors. From the research conducted on Moore's cells, a cell line was developed and got patented by Dr. Golde. Later Golde entered into agreement with the Genetic Institute and was the main beneficiary of the commercial exploits. Moore later sued Dr. Golde and other defendants over the issue.
Although the Court discarded Moore's basic claim and ruled that he had no property rights as such or over any money made later on by the defendants by the research conducted and later exploitingg it commercially. It however, said that the defendants were obliged to disclose to Moore the financial angle involved in the cells extracted from Moore's body, so in these circumstances although Moore who had no property rights was free to bring a claim of injuries against the defendants. The decision was given by a bench of Supreme Court of California. Various arguments were forwarded by the counsel for the Plaintiff. ...Show more


The Plaintiff i.e.John Moore had leukemia and for its treatment he visited UCLA Medical Center in the year 1976. The Doctors that were treating Moore confirmed after diagnosis that Moore had leukemia. In addition to this fact the defendants in this case were aware of the fact that the some of the blood products that were to be discarded from Moore's body had commercial value…
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