| With the breakthrough of life science and technology in the 20th century, whether the gene should be patented has become an important problem. Although the world's major patent offices have given plenty of protections of the gene patent, theorists debates on this issue never stop. By researching some ethical controversies on gene patent, then the author provides some suggestions for improving gene patent system.The article is divided into four parts. The first Part of the article mainly introduces the background knowledge of gene technology, including the basic concept of gene;patents in the role of gene technology; analyzes developing status of gene patent all over the world such as United States, Europe Japan and China, so as to make the ethical controversies of gene technology clearly understand and facilitate the discuss in the ensuing paragraph.The next part discusses ethical debates of the gene patent. The author inspects ethical controversies of human being's genes,gene diagnosis and its treatment, transgenic animal's genes. Then the author expresses her own views on the patent issues of genes. We approve gene patent, but not all genes can grant patent. Genes which violate public morality can not be patented. The third part is about the relation between gene patent and human welfare. By making an analysis about gene patent's impact on gene technology, other's interest and the developing countries'interest. Gene patent can benefit mankind,its advantages far outweigh the disadvantage.The last part discusses the relation between gene patent and social justice. With the interests of the imbalance caused by gene patent, We should take effective measures to coordinate conflict of interest among stakeholders, and insure fair distribution of theirs'benefits. Benefit-sharing is developing tendency. We should protect interest of providers of human genetic resources, farmer and country of origin of genetic resources. |