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原住民遺傳物質之權利歸屬—以財產理論檢視人類基因多樣性研究
Thesis

原住民遺傳物質之權利歸屬—以財產理論檢視人類基因多樣性研究

廖桂薰
Masters, National Tsing Hua University
2003

Abstract

原住民族原住民基因多樣性遺傳多樣性財產財產權 indigenous peoplesindigenous peopleaboriginal peoplesaboriginal peoplegenetic diversityproperty
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.

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