Genomic researches and genomic editing in terms of forming effective legal regime
Автор: Borodin Sergey Sergeevich, Inyushkin Andrey Alekseevich
Журнал: Правовое государство: теория и практика @pravgos
Рубрика: Колонка главного редактора
Статья в выпуске: 2 (60), 2020 года.
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He use of modern technology has created new opportunities for genetic researches and product creation through genome editing. At the same time, the use of these technologies without ensuring the foundations of the rule of law, including moral issues, creates a significant risk of infringement of public and private interests. Aim: to analyze the regulation of transferring and processing of personal data, including those related to genetic information, and the creation of new results of intellectual activity and products created by genome editing. Methods: methods of formal and dialectical logic, description methods, comparative legal methods. Results: the study allows us to identify the main currently used options for protecting privacy secrets during genetic researches and formulate a proposal on securing at the international level the minimum requirements for data placement, including the use of virtual computers and data management in the cloud. It is proposed to use databases as the main object of intellectual property for the formation of the legal regime. It is concluded that judicial practice is formed in the direction of considering researches and certain manipulations with genetic material precisely from the position of a balance of public interests (morality) and private non-property interests (respect for private and family life), regardless of the assessment of any property interests in relation to the relevant objects.
Genomic researches, databases, legal regime, computer modeling, private life, personal data, public interests
Короткий адрес: https://sciup.org/142234052
IDR: 142234052