LAWS 2201 Lecture Notes - Lecture 10: Fiduciary, Carcinogen, Herbicide
16 Dec 2016
School
Department
Course
Professor
Persons and Property- November 28
Chapter 13: Changing Conceptions of Property
Changing Conceptions of Property: (p.280)
Dephysicalization of Property
Protect:
A) Copyright (ideas-books, articles, music, software) (Twitter, square, pay-pal)
B) Trademark- names, logos, get-up…et.
C) Patent- inventions, discoveries, etc.
**Ask prof if using the same name like macdonalds in the same industry would be a trademark
Moore v. UCLA, 1990, Cal SC, p.280
Facts:
- John Moore was diagnosed with hairy-cell leukemia by Dr. Golde from UCLA
- Dr. Golde suggested that John should have his spleen removed in order to slow down
the progress of the disease
- Moore signed a consent form for the surgery, and Dr. Golde formed the intent before
the surgery so he could obtain the spleen for research purposes.
- With Joh’s splee, the UCLA dotors deeloped a ell lie ad essetially ade a lot of
money from it
- Moore instituted an action claiming that the use of his spleen to create a cell line
constituted a conversion of his property because Dr. Golde did not inform him of what
they were going to do with the spleen after the surgery
- Superior Court of LA said that there was no cause of action, California court of Appeal
reversed.
- Supreme Court of California said that there was a cause of action because there was a
breach of fiduciary duty but not on the basis of conversion
- Conversion: a tort that protects against inference with possessory and ownership
interests in personal property
- Moore did not expect to retain possession of his cells following their removal, to sue for
their conversion he must have retained an ownership interest in them
-
Issues:
- Whether patiet has a ause of atio i oersio, i.e. Are there property rights in
excised tissue?
Ratio:
- . Courts ust alae a patiet’s rights agaist the puli eefit of researh
- . “ho respet for ody as a essel- do’t ooditize
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Protect: copyright (ideas-books, articles, music, software) (twitter, square, pay-pal, trademark- names, logos, get-up et(cid:272), patent- inventions, discoveries, etc. **ask prof if using the same name like macdonalds in the same industry would be a trademark. John moore was diagnosed with hairy-cell leukemia by dr. golde from ucla. Dr. golde suggested that john should have his spleen removed in order to slow down the progress of the disease. Moore signed a consent form for the surgery, and dr. golde formed the intent before the surgery so he could obtain the spleen for research purposes. With joh(cid:374)"s splee(cid:374), the ucla do(cid:272)tors de(cid:448)eloped a (cid:272)ell li(cid:374)e a(cid:374)d esse(cid:374)tially (cid:373)ade a lot of money from it. Superior court of la said that there was no cause of action, california court of appeal reversed. Supreme court of california said that there was a cause of action because there was a breach of fiduciary duty but not on the basis of conversion.
