The Protection Of Human Genetic Information As Property Rights

Mankind has entered the age of genetic technology, and the property value ofgenetic information becomes more conspicuous. With the development of generictechnology and the industrialization of genes, it generates tremendous benefits forresearchers and enterprises, but neglects the protection on property rights of geneticinformation providers. It is based on a novel right called genetic information asproperty right, different from traditional theory of property rights and intellectualproperty rights on legal basis. In our real legal environment, we really need a properand effective way to protect the property rights of the genetic information providers.This thesis consists of parts including Introduction, the legal orientation ofhuman genes, the legal modes on the genetic information, the construction of geneticinformation property right and the exploring to legislation for genetic informationproviders’ rights in China. The main study methods used is on a comparative analysis,a comprehensive analysis, logic and legal analysis.Introduction provides starts with the development of gene technology, introducesthe law issues it brings out. It points out that the solution of the problems mostlydepends on a clear definition of personal genetic information on legal status. On thisbasis, we can explore a new way to protect the genetic information providers.The second chapter,” the legal orientation of human genes” makes a differencebetween genes and genetic information, and then clears the legal essence of humangenes is “genetic information”. Therefore, it provides the groundwork to explore thenew way to protect gene rights.The third chapter,” the legal modes on the genetic information” introduces twomodes which are the essential legislation at present: privacy mode and tort right mode.After analyzes both modes, the thesis comes to the conclusion that the property rightmodel will be the most comprehensive and effective to protect the individual geneticinformation.The forth chapter,” the construction of genetic information property right”discusses about the subject, object, rights contents, the realization of the right and theright succour. Demonstrates that the personal genetic information property right as a new independent right, which is differs from the other rights such as ownership orintellectual property rights.The fifth chapter,” exploring to legislation for genetic information providers’rights in China”, Using the successful experiences of other countries for referenceand taking the specific situation of china into consideration, the thesis suggests thatcan establish a mode which “Civil Code” is basic and “genetic Information ProtectionAct” is the secondary. And also puts forward some suggestions to solve the rightsconflict.