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    ASIA unversity > 管理學院 > 財經法律學系 > 期刊論文 >  Item 310904400/108365


    Please use this identifier to cite or link to this item: http://asiair.asia.edu.tw/ir/handle/310904400/108365


    Title: Justifying the Case of John Moore v Regents of the University of California from a Gewirthian Perspective
    Authors: Shang-Yung Y;Shang-Yung Yen;唐淑美;Shu-Mei Tang
    Contributors: 財經法律學系
    Date: 2017-07
    Issue Date: 2017-12-08 14:04:20 (UTC+8)
    Abstract: The case John Moore v Regents of the University of California sets a precedent as
    to the relationship between human body parts and property rights. In this case John
    Moore was not successful in claim a right to his own body parts once they had been
    removed for research purposes and the question has to be raised whether this decision
    indicates that every part of the human body manipulated through modern biotechnology
    cannot be regarded as the property of those from whom the information originated. This
    article will discuss the issues of ownership and consent to uses made of genetic material
    from a Gewirthian perspective. Gewirth’s thesis is that every agent, by the fact of
    engaging in action, is logically committed to the acceptance of certain evaluative and
    deontic judgements and ultimately of a supreme moral principle, the Principle of
    Generic Consistency (PGC), which is addressed to every agent: Act in accord with the
    generic rights of your recipients as well as of yourself. From the examination of the
    Moore case under the PGC, the decision made by the Supreme Court has seriously
    infringed Moore’s human rights. It is submitted that Moore should be accorded his
    human right and be rewarded the royalties in accordance with the market value created.
    A new form of human rights, incorporated into intellectual property rights, can resolve
    issues relating to informed consent issues, not just in respect of community rights but
    also for individuals.
    Relation: NTUT Journal of Intellectual Property Law and Management
    Appears in Collections:[財經法律學系] 期刊論文

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