Study On The Personal Genetic Information Property Right

Modern biological technology, which can make direct intervention on the human body, has brought about much more challenges on social order, ethics, legal system and other domains. Then, the legal issue of human genetic research is coming to be the most compelling problem. As the unceasingly study penetrating into human genetic information, personal genetic information appears more and more property interest. So, how to define the legal status of personal genetic information clearly, and then designing a reasonable right protection mode for information providers has become a realistic problem, which needs to be urgently solved. This paper is based on this starting point, and research on this theme.With the real case of individual genes information property, the "Introduction" points out the legal issues and clear that solution of the problem mostly depends on a clear definition of personal genetic information on legal status. On this basis, we can explore a new path, so as to provide an effective protection mode.The first chapter "The law orientation of human genes ".There are a good deal of debating on the law orientation of human genes. This paper argues that the core value of human genes is genetic information, which is bearded by gene, not gene itself. Dichotomizing genes and genetic information, the legal essence of human genes is "genetic information", this definition certainly be more scientific and reasonable. Therefore, this paper provides new ideas to explore the solution for legal issues about utilizating of human gene research.The second chapter "The construction of genetic information property right". Firstly, current legal system does not admit personal genetic information property rights and cannot meet the needs of the development of reality, so the business interests have basically been all to research developers. This has intensified the imbalance between interest relations. Therefore, it is necessary to give a new right and construct a reasonable right protection mode. Secondly, the construction of genetic information property, which can realize the goal of social benefit maximization, especially in our country has the more important practical significance. Setting more forceful property protection mechanism and enhance the infringement cost, can reduce the gene infringement, to make information providers from becoming "the plight of the genetic treasure". Finally, there may be some challenges that genetic information property right will face up. In this paper, the core of the traditional personality has internal unity with individual genetic information property, establishing property rights protection means in the main with more choice, actually strengthened to "genetic information" consolation under personal privacyChapter 3 "The realization of genetic information property right ".This chapter establish the right contents and approaches to realize the rights. Firstly, the object of genetic information is property interests, belonging to a kind of independent existence of new property rights. The uniqueness of the object determine that,it is different from property rights system of intellectual property rights and ownership, and its right content is mainly embodied in control, access and earnings and disposition. Secondly, in the current clear legal system, the absence of the parties to the contract arrangements is real effective genetic information property realization, but consider personal in a vulnerable position of market trade, the providers still need the legislation system to realize their rights.The fourth chapter " The exploring to legislation for genetic information providers’rights in China " Considering the reality of our country, this paper argues that personal information protection in up to make institutional arrangements, and we should uphold four basic principles—state sovereignty, prior to informed consent, benefit sharing"and public interest reserves.The law will expressly the object scope of genetic information property right and clear the restrictions for the right.This paper research object for personal genetic information property rights, it is a new type of property rights. Genetic information property rights is a brand-new topic in the domestic, so the paper is more a attempt to study theoretically on personal genetic information of the rationality and necessity of property rights, aims to subject right protection mode and method of innovation to make to try and tries to put forward some opinions of the author’s.