Using Digital Technologies is Securing Private and Public Interests in Gene Research

DOI

10.2991/aebmr.k.210318.028How to use a DOI?

Keywords

Digital technologies, gene research, private and public interests, legal provisions, ethics

Abstract

The article is devoted to the definition of the specifics of the formation of intellectual property rights in the implementation of genomic research using technologies for the mining of big data, including in the field of circadian genetics, while respecting private and public interests. The author analyzes the regulation of the transfer and processing of personal data, including in the field of circadian genetics, the creation of new results of intellectual activity, taking into account the different approaches of scientists in the relevant fields, and law enforcement. It is proposed to legislatively provide for the power to regulate data placement, use of virtual computers and data management in the cloud, as well as fix the corresponding minimum requirements at the level of international regulation. It is concluded that, in terms of cross-border data transfer, it is advisable to use a comprehensive model of “adequate protection”, “safe harbor” and “accountability” in the exchange of information between research institutes, universities and companies. It is indicated that at present, judicial practice is being formed to consider disputes related to research and certain manipulations with genetic material precisely from the position of a balance between 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. It is noted that, in the framework of further discussion, it is advisable to consider the development of a comprehensive legal regime for non-property rights to genes (including circadian genes) of a person in combination with a sui generis regime of intellectual rights. The article is of practical value not only for lawyers, but also for specialists in other fields (biology, medicine, etc.) in terms of their use of genomic information. The conclusions made by the authors are also applicable in the process of implementing legislative activity.

Copyright

© 2021, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

Download article (PDF)

TY  - CONF
AU  - Sergey Borodin
AU  - Valentina Ruzanova
PY  - 2021
DA  - 2021/03/18
TI  - Using Digital Technologies is Securing Private and Public Interests in Gene Research
BT  - Proceedings of the 1st International Scientific Conference "Legal Regulation of the Digital Economy and Digital Relations: Problems and Prospects of Development" (LARDER 2020)
PB  - Atlantis Press
SP  - 172
EP  - 177
SN  - 2352-5428
UR  - https://doi.org/10.2991/aebmr.k.210318.028
DO  - 10.2991/aebmr.k.210318.028
ID  - Borodin2021
ER  -