Property Rights of Ancient DNA: The Impact of Cultural Importance on the Ownership of Genetic Information

In: International journal of cultural property, Band 16, Heft 2, S. 103-129

Abstract

AbstractThis article examines the way property rights can be applied to DNA from ancient sources. In particular, it examines the ways in which the legal classification of a source as a "cultural artifact" can influence the assignment of property rights over genetic information. I explore the discrepancy between the legal ability to own ancient dead bodies but not nonancient dead bodies, illustrating how dead bodies with a perceived cultural value are legally distinct from those which are not considered to have cultural value. Second, I address the way such cultural preservation laws fail to influence ownership rights over genetic information. Finally, I propose a model for the best way to deal with genetic information from ancient sources, based on the policies of the International Ancient Egyptian Mummy Tissue Bank.