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The Legal Nature of Genes and Ways to Protect Them (Analytical Study) | ||
| AL-Qadisiya Journal For Law and Political Sciences | ||
| Volume 15, Issue: 2 part 2, December 2024, Pages 771-804 PDF (1.14 M) | ||
| Document Type: Research Paper | ||
| DOI: 10.63677/jqlap.2024.185017 | ||
| Authors | ||
| Mona Hamid Faris* 1; Yaser Basim Al sabaawi2 | ||
| 1College of Law/University of Mosul | ||
| 2جامعة الموصل -كلية الحقوق | ||
| Abstract | ||
| The genes involve the most meticulous and important scientific secrets which are related to the different living organisms, in the first place the human being. Therefore, there must be a legal protection for the genes with its regard to the innovations. In order to identify the scope of its legal protection, it is necessary to know what is meant by genes as a prelude to know the legal adaptation and nature of these innovations, is it a normal thing or real rights or personal rights? And means of protecting these innovations from both objective and procedural perspectives. These innovations require realizing and educating the society about this type of treatment so as to live in a society safe and sound as well as framing it with a legal system to regulate it to guarantee its legitimacy safe and secure free of violations which eventually lead to enhance confidence of this novel technology instead of destabilizing it. The medicine with a novel technology has nothing but innovation and cultivating hope. The law has nothing but protection and regulation. The research of study is divided into two sections preceded by two introductory requirements to know what is meant by genes. The first section concerns with identification the legal nature of genes while in the second section shows the ways of protecting these innovations. Finally, the research arrives at a group of results and recommendations. | ||
| Keywords | ||
| Genes; legal nature; ways of protection; procedural protection; objective protection | ||
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