A Study on the Patentability and Control of Embryos and Embryonic Stem Cells

• Main Author: 劉致瑜
• Other Authors: 王偉霖
• Format: Others
• Language: zh-TW
• Published: 2014
• Online Access: http://ndltd.ncl.edu.tw/handle/76012874747976795180

碩士 === 逢甲大學 === 財經法律研究所 === 102 === The research for the development of Biotechnology, the study of embryonic stem cells has become the hot topic of the day in biomedical research. However, ethical controversy about the possible destruction of embryos lies behind the infinite potential of embryonic stem cell development. For this reason, Legal Regulation is necessary. This study will survey the distinct approaches to regulating embryonic stem cell research in Britain and The United States, as well as recent judicial decisions in these countries. Generally speaking, Britain sets up an independent regulatory agency for centralized control and management of embryonic stem cell research, and The United States controls the direction of embryonic stem cell research through executive orders and research subsidies. Besides, the issues about human embryonic stem cell research and patent law are of special importance. When embryonic stem cell research produces achievements, files for a patent are required. But most countries have public order or good morals clause in their patent act, except The United States, and the clause is the most important to embryonic stem cell which can be patented. The main legislation that currently regulates embryonic stem cell research in Taiwan is the Artificial Reproduction Act. However, The Ministry of Health and Welfare promulgates detailed regulations with non-delegated administrative legislation, whitch not only violates the principle of legal reservation but also fails to prescribe the legal effects of violation. Therefore, The Executive Yuan Council passed a draft bill that would specifically regulate embryonic stem cell research. The amendment of examination guideline of biotechnology inventions in Taiwan has problems such as in conflict with the principle of patent law and insufficient explanation of new technology of stem cell research.In addition, it’s not enough that only refer public order or good morals of patent act to deny the patent. Because of this situation, we suggested that the construction of human embryonic stem cell research regulations in Taiwan should be of first priority and illegal use of human embryo or unpatentable types of human embryonic stem cell inventions should be regulated by law. Expect to improve development of stem cell industry in Taiwan.