论人类基因提供者利益的法律保护

Protection of Gene Supplier's Interests

基因提供者为基因研究提供了原材料,理应参与基因专利的利益分享,但由于信息不对称等原因,基因提供者的利益很难实现。基因提供者享有知情同意权、利益分享权及隐私权,可以通过民法与行政方式得到保护。不过在保护基因提供者利益的同时,不应对基因研究造成不合理障碍,同时应符合国家对基因资源的管理。

Gene suppliers supply raw materials for genetic research; thus they have the right to share the interests from the genetic patent. However, due to the unequal access to information, it is very difficult for suppliers to realize their due interests. Gene suppliers should have the rights of awareness, permission, interest sharing and privacy, and all these rights should be protected by the civil law. During the process of protecting the interests of gene suppliers, unreasonable obstacles to the research should be prevented, and rules for genetic resources management should be followed.