| Genes are the origin of all lifes on Earth, which also determine the nature ofcreatures. With the continuous development of science and technology, research ongenes and genetic information deepens as well. Since genes serve as the “resource”that can potentially generate tremendous value and thus became the important studyobject of both Life Sciences and Life Law, a reasonable guideline by legislation isneeded so as to avoid the negative effect caused by improper research and utilizationactivities of genes. A clear definition of genes of the individual human being is thecore of the issue, which would exert an overwhelming impact on the building of thegene protection mechanism. In terms of China, relative research is still at the earlystage of academic discussion with no applicable legislation being initiated. Based onthe comparative research of current theories, this thesis demonstrates the legalproperties of genes and posits proposals for genetic rights protection system, focusingon the the nature of genes and its application as well as the core value of geneticrights, in order to offer a theoretical basis of future genetic legislation.This thesis consists of parts including Introduction, Natural Attributes of Genesand Development of Genetic Technology, Definition of Legal Properties of Genes,and Construction of Genetic rights Protection Mechanism.Introduction provides an overview about the status quo of genetic technologydevelopment and its legal consequences, asserting that a clear and essential definition on legal properties of individual genes is the key to the solving of these controversy aswell as an innovative approach to genetic rights protection.The introduction initially introduces the overview of the development of genetechnology and the consequent legal issues, making it clear that the solution lies inhow to define the essence of individual gene legal properties, exploring new ways toprotect gene rights.The first part, Natural Attributes of Genes and Development of GeneticTechnology, elaborates the definition of genes and genetic technology, holding thatgenes serve as the carrier of the genetic information, in which lies the realistic valueof genes.The second part, Definition of Legal Properties of Genes, offers an in-depthanalysis and comparative research in the scientific perspective of genetic nature oncurrent theories, for instance, genetic personality rights, genetic property rights, andgenetic intellectual properties. While the legal properties of genes cannot be coveredby a certain kind of properties, the compounded notion of genetic personality andproperty rights is proposed in the thesis.The third part, namely Construction of Genetic rights Protection Mechanism,posits preliminary resolutions to the construction of genetic rights protectionmechanism in China, based on ample expound on current genetic infringement andreference to foreign legislations. Simply put, genes shall be treated separately inaccordance with their object identities in different aspects and they can be neitherover-generalized intentionally nor left without limitations. The scope of the object,implementing method, restrictions, and reliefs of genetic personality and propertyrights shall be stipulated clearly by legislation. |
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