Abstract
The article explores the private law regime of human genetic information. To achieve the objective, an analysis of bibliographic sources in the field of genetic and genomic research, legal support for the circulation of genetic information and its legal protection was carried out. The document also analyses the provisions of the legislation and practice of the United States and the Member States of the European Union. General and specific methods of scientific knowledge, including dialectical methods, formal logic and comparative law, were used to solve the problems raised. The article clarifies the doctrinal and legal definitions of the concepts of “genome” and “gene” of an individual. It points out the dual nature of the human gene as a material object: a DNA molecule, and also as a unit of hereditary information that is intangible in nature. The article explores the possibility of attributing genetic information to objects of civil rights, in particular material objects, intangible movable property and the results of intellectual activity. The conclusions support the need to distinguish between the concepts of genetic information and genomics. In addition, it reviews theoretical approaches to define the concept and nature of genetic information.
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Disclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.