Study on the Ownership for Human Research Specimens

• Main Authors: HSU, REN-JUN, 許仁駿
• Other Authors: HUANG,YU-HUI
• Format: Others
• Language: zh-TW
• Published: 2018
• Online Access: http://ndltd.ncl.edu.tw/handle/7648gs

碩士 === 銘傳大學 === 法律學系碩士在職專班 === 106 === Since the 20th century, medical biotechnology has shown a high degree of progress and development. In addition to the unremitting efforts of government supporters and researchers around the world, it is also grateful to the participants who provide their own research specimens and engage researchers in scientific research. However, the academic, government, and even legal circles do not have exhaustive protection responsibilities for the rights and interests of these participants. This study focuses on the discussion of multiple judgments on the rights of human research specimens in US courts, and discusses the protection of human rights in human research materials, including civil law, human research methods, human biological management regulations, and artificial reproduction laws. In order to explore the rights and obligations of research specimens in research institutions or researchers, and research specimens providers, and the discussion on the collection and use of behaviors and regulations in biomedical research institutions. The results of the study are as follows: (1) The tissue isolated from the human body is used as a research specimens and its ownership belongs to the provider. (2) The medical residual specimens are converted to the appropriateness of the research specimens. The medical institutions should return to the human body research method, and only after signing the consent form, the remaining specimens can be converted into research specimens. (3) The legitimacy of the re-use of the remaining biomedical research materials after the completion of the study shall not be decided by the Institutional Review Board, which is supervised by a third party. (4) For the no purpose of providing no future research, human research methods should not be used to collect medical/study remaining research specimens.