Rights on Genetic Materials of Indigenous Peoples: Reviewing Human Genetic Diversity Research from a Proprietary Standpoint

• Main Authors: Kuei-hsun Liao, 廖桂薰
• Other Authors: Chu-cheng Huang
• Format: Others
• Language: zh-TW
• Published: 2004
• Online Access: http://ndltd.ncl.edu.tw/handle/92p5zd

碩士 === 國立清華大學 === 科技法律研究所 === 92 === Finding that indigenous peoples may contribute to genetic diversity researches, researchers start to acquire genetic materials from them. Because indigenous peoples have proprietary institutions different from those in jus civile societies, the transfer of genetic materials between two kinds of societies may cause problems. In another word, without considering the differences, the overground system in an indigenous society would be damaged. It is my attempt to show that recognizing and respecting the institutions in indigenous societies is the only way to allocate the resources properly. To come to the conclusion, the alienability of genetic materials in jus civile system is described at first. Then, I illustrate how the proprietary institutions in indigenous societies distinct from those in jus civile system, and demonstrate the legality of them. At last, the impact on proprietary institutions in indigenous societies due to the transfer of genetic materials is shown to support my opinion.