The article analyses the current legislation relevant to the use of genetic information, with reference to persons, plants and animals. The legal sources (at International, supranational, national levels) deal with the issue to protect some important interests as the dignity of the person, in the case of human genetic information, or the protection of the environment. The norms use a “proprietary paradigm” with the aim of putting genetic information under the control of their owner, which are the individual or the State. The proprietary paradigm is expressed through the consent of the interested persons, which is required for the use of their genetic information and, on the other hand, through the notion of sovereignty of the State on the genetic resources of the environment.
«Property paradigm» and protection of rights concerning genetic information
CIPPITANI, Roberto
2016
Abstract
The article analyses the current legislation relevant to the use of genetic information, with reference to persons, plants and animals. The legal sources (at International, supranational, national levels) deal with the issue to protect some important interests as the dignity of the person, in the case of human genetic information, or the protection of the environment. The norms use a “proprietary paradigm” with the aim of putting genetic information under the control of their owner, which are the individual or the State. The proprietary paradigm is expressed through the consent of the interested persons, which is required for the use of their genetic information and, on the other hand, through the notion of sovereignty of the State on the genetic resources of the environment.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
