This episode is informally “Human Beings and Human Bodies”, it explores the complex legal and ethical questions surrounding the ownership and transfer of human interests, particularly those involving the human body. The chapter begins by examining the broader concept of “property rights” in human beings, specifically asking whether it is appropriate to use the language of property and market exchange to describe interests in the human body. The excerpt then delves into several specific issues, including the historical context of slavery in the Dred Scott case, the controversial topic of surrogacy contracts in the Baby M case, the legal complexities surrounding the disposition of frozen embryos in cases like Davis and Kass, and finally, the ownership rights in body parts as illustrated in the Moore case. Throughout the excerpt, the authors highlight the tension between competing rights, such as the right to procreate, the right to avoid procreation, and the right to bodily autonomy, and examine the implications of applying market principles to human interests. Ultimately, the excerpt serves as a framework for analysing the legal and ethical challenges associated with treating human interests as commodities, and encourages reflection on how the law should address these complex issues.

This excerpt from a legal textbook explores the complex landscape of intellectual property law, delving into its underlying theories and the specific areas of trademark, copyright, and patent law. We examines three dominant theoretical frameworks: utilitarian/economic theories, which focus on incentivising innovation through market mechanisms, Lockean natural rights theories, which argue for property ownership as a product of labour, and Hegelian/personhood theories, which view intellectual property as an extension of the creator's identity. The text then dives into specific legal areas. Trademark law is presented as a system based on state common law, protecting symbols that indicate the source of goods or services, such as brand names and logos. Copyright law is defined as a federal law that grants exclusive rights to authors of original works fixed in tangible form, but does not extend to mere ideas or facts. We'll explore various aspects of copyright, including the "originality" requirement, the "fair use" doctrine, and the "idea/expression dichotomy". Finally, patent law is discussed as a federal system that grants exclusive rights to inventors of processes, machines, and compositions of matter. We'll also examine the requirements for patent eligibility and the challenges of applying these requirements to new areas like genetic material and business methods. The excerpt concludes by discussing the challenges of balancing competing interests in intellectual property, particularly the tension between protecting creative rights and fostering access to knowledge and information. Throughout, the text highlights the evolving nature of intellectual property law as it grapples with new technologies and societal shifts.