建構基因科技的制度典範：從基因資訊與基因市場的面向來分析(III)
Date Issued
2005
Date
2005
Author(s)
DOI
933112H002002
Abstract
With the sequencing of human genome in June 2000, governments, industries,
and academia worldwide have been responding vigorously to the new field of
biotechnology. The development and application of biotechnology has turned
“c h a nc e s ” i n t o “c h o i c e s ” a n d c r e a t e d a ne w ma r k e t f o r b i o t e c h n o l ogy a n d
biomedicine. Beneath the surface of an emerging gene market lies in a set of complex
and intersecting issues between market functions, the allocation of gene entitlements,
and social and ethical implications.
Some of the acute legal issues re concerned with the utilization of genetic
information. On the one hand, a proper utilization of genetic information may
attribute greatly in the further development of genetic technology as well as the
enhancement of public interests. On the other hand, however, the attainment and
utilization of genetic information are also of greater concern about right to privacy
and personal integrity. How to strike a balance between a proper use of genetic
information and the protection of personal freedom and right to privacy has become
the key issue.
In the perspective of genetic technology and market, human genome may have
its market value and thus be propertied for further utilization and redistribution. Are
t h e r e a ny p o s s i b i l i t i e s t h a t we ma y e mp l oy “ma r ke t ” a s a s t r a t e gy t o t a c k l e t h e i s s u e s
associated with gene patenting and the allocation of gene entitlements? Should we see
gene or genetic code as a species of property or entitlements for further
commercialization? Should researchers, industries, owners and users have an equal
access to genes? What are the roles universities, academic institutions and industries
may play in the emerging gene market?
In conclusion, this project argues that law and economic analysis and three
distributive rules it generates, property rule, liability rule, and rule of inalienability,
can help us in resolving related issues concerning the utilization of genetic
information. Admittedly, however, there have been some acute issues that cannot be
tackled only in the perspective of law and economic analysis. The project, thus, seeks
to find a reflexive, proper, and marketable way in which genetic utilization and
distribution may be handled conducive to the development of biotechnology and an
institutional paradigm may be built up in pursuit of both social justice and economic
efficiency.
Subjects
Genetic Information
Right to Privacy
Gene Patenting
Genetic
Entitlements
Entitlements
Property Rule
Liability Rule
Imbalanced Information
SDGs
Publisher
臺北市：國立臺灣大學法律學系暨研究所
Type
report
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