On the Entitlement of Microorganisms－A Tentative Research

• Main Authors: Yu-Fen Chen, 陳玉芬
• Other Authors: Chu-Cheng Huang
• Format: Others
• Language: zh-TW
• Published: 2008
• Online Access: http://ndltd.ncl.edu.tw/handle/71871037499094315281

碩士 === 國立清華大學 === 科技法律研究所 === 96 === The property issues on microorganisms are discussed, including justification of making microorganism become properties, property nature of microorganisms, entitlements, and scope of rights. In situ microorganisms, ex situ ones, and those defined by characteristics are discussed independently. Property rules of plants, animals, and intellectual properties are used as references in discussion. In situ microorganisms are neither justified as properties, nor belong to anyone. There is no entitlement issue for In situ microorganisms. The property issue related to In situ microorganisms focuses on bioprospecter’s trespass to their in situ environment. Governments’ sovereign rights over microorganisms give governments power to restrict property rights under public trust; the sovereign rights should not mean government’s property rights. Ex situ microorganisms originally belong to those who isolate them from in situ environment (isolators). Isolators may transfer ownership or certain rights of the ex situ microorganisms (or cultures, replicates, etc.) to others by contractual transactions. Biological resources centers play important roles in those transactions. Microorganisms defined by characters, such as those defined by certain scientific name, can be protected by patents. The patents entitled to the inventors, usually the isolators. Microorganisms covered by patent scope are theoretically numerous; to balance the broad scope, patents only enjoy exclusion rights for certain time period, instead of a whole bundle rights of ownership. Some issues related to Convention on Biological Diversity, and some suggestions for solving problems aroused from microorganism property issues are discussed as well.