Legal Regulation On The Commercial Exploitation Of Personal Genes

The development of genetic technology,which can promote human well-being,has brought about much more challenges to social order,ethics,legal system and other domains.The intervention in Market economy makes the commercial utilizations of the gene become a must.With the characteristics of genes,the economic value of gene accumulation is gradually revealed and promoted,which gives birth to the interests of all parties.Such appeals continue to drive the process of commercial exploitation on genes.There are many improper behaviors in the process of gene commercialization,which violate the principle of fairness and justice and seriously damages the interests of gene providers.This paper takes the case as the starting point,discusses how to regulate the commercial use of genes on the basis of existing laws,correct the improper commercial use behavior,and guarantee the basic rights and due interests of gene providers by finding problems,theoretical analysis,and logical suggestions.The paper contains five parts except the introduction and conclusion.The first part starts from several cases at home and abroad to draw out the reality of the difficulties in relief when the property interests in gene providers are infringed by the commercialization of genes,and then leads to the reflection on the regulation of the commercialization of genes by civil law.The second part analyzes the basis and value of the commercial use of genes,points out that the commercial use of genes is an inevitable trend,makes clear the positive impact on the commercial use of genes on human dignity,technical rationality and interest equity,and highlights the importance of regulating the commercial use of genes.The third part analyzes the basic theories of the commercialization of genes: firstly,the nature of the commercial use of genes is defined,which leads to the disputes between the personality rights system and the property right system,and points out the direction for the path selection of the civil law regulation of the commercial use of genes.Secondly,it explains the generation of the commercialization of genes,and recognizes the property interests in gene providers as the driving force for the commercialization of genes.At the same time,it puts forward the "license rights" and "interest acquisition right" enjoyed by gene providers in the process of gene commercialization,which indicates that the regulation of gene commercialization is essentially the guarantee of gene providers’ rights.Finally,this paper analyzes the identification of the main body of the commercial utilization of genes and expounds the inheritance of gene interests.The fourth part points out the conflict of rights in the commercial use of gene and explains the causes of the conflict.The fifth part puts forward some suggestions to improve the regulation of the commercial use of genes in civil law,including the commercial use of genes into the personality right,and proposes that the property interests in natural persons on specific genes should be clarified in the personality right,and the relevant rules of "licensing right of use" and "interest acquisition right" should be determined.By fully considering the interests in researchers,family members and the public,"rationality" is taken as the limit of the commercialization of genes,so as to prevent the improper commercialization from harming the interests of gene providers.Based on the characteristics of property interests,the inheritable rule of gene interests is established to guarantee the interests of gene providers.Finally,the remedy means of interest damage to the commercial use of genes is determined,and the right of omission and the right of compensation are put forward.