Establishment Of Human Gene Database From The Perspective Of Contract

Recently, with the development of biotechnology, human genetic code was cracked as human genome mapping successfully, human has entered a new age of disease prevention?diagnosis and prediction. All the countries in the world have tried to collect genetic information through the establishment of national human genome database, to improve their level of medical treatment. But the human genome database still belongs to new things in our country, at present, research on the theory and practical case on gene database is less, and lack of practical experience. The problem of human gene database construction relates to the basic rights, personality right, property rights protection, is worth discussing. This paper used the perspective of the contract to protect the interests of the main parties, to improve and standard the problems encountered in different stages of the establishment of gene database. From the contract perspective to protect the interests of the main parties complying with voluntary requirements, and has legitimacy, prompting, comprehensive, and more efficient.The human genome database refers to the gene database based on large population groups or specific groups, in the field of medical research and clinical research, in order to find the pathogenic gene or other pathogenic factors. The gene belongs to the elderly person. When the human organs or tissues remove from the human body, gene is independent of personal existence, has the independent property. But a gene carries a personal genetic factor, therefore people has personal interests of gene. The interests involved in the implementation of human genome database can be affected by the adjustment of contract law are the interest among the personal and the biopharmaceutical industry, and the interest between medical researchers and pharmaceutical industry, mainly for the "informed consent" and "material transfer agreement". The interest between individual rights and public interests, also can be ruled by the informed consent. The main practice of gene database construction which protected by contract are the U.S. Apache case, the U.S. National Cancer Institute contract arrangement, and Shenzhen China National gene bank contract arrangement.Human genome database construction contract involves four main contracts. One is the national government, two is the collector, three is the research and development unit, four is the resource providers and stakeholders. The article is divided into four aspects to discuss the specific contents of the contract to build the human genome database. The first is the application of the'informed consent'principle on the contract. The second is the rights and obligations of the parties in the second-use of the sample. The third is gene privacy protection clause in the contract. The last is the related legal subjects'discussion and negotiation on the benefit sharing on medical research. This paper also studies the problem of the contract responsibility in the establishment of human gene database. Liability for breach of contract including damage the right of informed-consent of the sample providers, damage the privacy of the sample providers, and the possibility of the sample provider can not participate in the fair interest distribution of the medical research. The way to bear responsibility is mainly reflected in damage compensation, and enforced performance. The parties in case of emergency, the public interest needs, and has the exemption clause, can be exempted from liability. In addition, the article also discussed the competing situation of tort liability and the liability for breach of contract. From the overall perspective, compared with the method of tort liability, in the aspect of liability, the liability for breach of contract does not require the defaulter has the fault. It is easier and convenient choice for the sample provider claims for the liability for breach of contract. As long as the proof of the breaching party's behavior in breach of the contract, one can claim the appropriate relief.