Note

Wilbur's Conundrum: Property in the DNA of Selectively Bred Animals

in
David S. Mader
Vol. 86, Issue 1
Note appears in Issue 1
86 Texas L. Rev. 191 (2007)

This Note tackles questions that arise at the intersection of traditional property rights in selectively bred animals and new possibilities created by the technology of “somatic cell nuclear transfer” (SCNT)—i.e., the technology of cloning.  Traditional remedies that might be available to protect an owner from or compensate an owner for unauthorized use of animal DNA (such as actions for conversion or trespass to chattel, or patent protection) are considered and found inadequate to secure previously protected interests.  This inadequacy of remedy suggests that advances in cloning technology threaten to undermine traditional property rights, and the Note concludes that the law should be adapted to recognize a property right in the DNA of selectively bred animals.

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