Research On Issues Of Human Gene Patentauthorization Under The Perspective Of Social Justice

Since the fifties and sixties of the 20 th century,the biological engineering technology has developed rapidly with molecular biology and genetic engineering as its core research direction.This marked that the human genetic research has entered a new stage.However,the development of human gene technology also triggered a series of social problems including moral ethics and social injustice.In the process of practice,there are some negative effects with human gene patent awarding,such as the imbalance of profit distribution,the obstruction of the development of peripheral extending science and technology research,etc.So the study of this paper is of very strong practical significance.The innovative part is to put forward how we could study the human gene patent awarding under the perspective of social justice.This paper is divided into four parts.First,couple of concepts including social justice,human genes,genome project,and gene patent are discussed.This will set a limit to the research object in this article.This section focuses on the conceptual scope of this paper's work.The patentability of human genes will be studied.This part is to determine the patentability of genes and get the conclusion that “genetic research by artificial technology and none-natural state is qualified for patent awarding”.This paper also discusses the historical origin of patent awarding formation in the western developed countries at present and related the performance of the definition on “the three elements of patent”.Then,the study of positive and negative effects human gene patenting will be carried out,especially under the perspective of social justice.In this way the evaluation criteria of effect of gene patents granting will be considered more from the perspective of social stability.The last,this paper creatively includes the inclusive financial concept into the problem of gene patents awarding,and proposes the principles we need stick to profit distribution model of gene patent awarding based on “the inclusive”.This aims to popularize knowledge of genes,set up the ethical responsibility consciousness,strengthen the supervision of the government and the media,and establish appropriate measures including moral evaluation system.Thus a gene patent awarding system will be established which is beneficial to the majority of people,reasonable,and conforms to social justice.