Abstract

The successive bioethics laws in France have constantly argued that the human body is not for sale and consecrated an absolute principle of free and anonymous donations, whether of semen, ova, blood, tissues or organs. nonetheless, this position is not shared by all countries. these legal divergences upset today our moral principles and the development of these practices leads us to question the legal status of human biological material and its gradual commodification. this paper outlines the current law principles that protect people’s interests in their bodies, excised body parts and tissues without conferring the rights of full legal ownership in French law and in Common law. Contrary to what many people believe, people do not legally ’own’ their bodies, body parts or tissues. However, they do have some legal rights in relation to their bodies and excised body material. For lawyers, the exact relationship people have with their bodies has raised a host of complex questions and long debates about the status we should grant to human body parts. the significance of this issue is due to two reasons: first, because of the imperative protection we have to assure to human dignity and then, because of the economic value which is attached to human products.

Key-words:

French law on bioethics, Common Law, Commercial use of the human body, intellectual property, Property rights, Human genome.