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Legal risks of cellular genes’ biotechnology, due to illegal invasion of personal in-formation privacy and patent rights, may cause immediately and irreparably harm to in-dividuals, including the legal risks of cellular genes: illegal genetic testing, gene therapy and genetic data collection process and storage. From the civil, criminal and administra-tive laws’ point of view, the legal risks implied in biological materials include blood, organs, sperms, eggs, embryos, stem cells, tissue regeneration, reproduction and imple-menting a synthetic genome in a modern cell. The legal procedures are not allowed to hinder technological progress when the biological materials are collected. Legal risks are assessed on scientific evidence to determine the causal relationship between the ex-istence of risks, just as dealing with genetic data detection, treatment, collection and storage process. However, because of the negligence of legal norms, we may face a lot of evidence that has different scientific perspectives with weak proof. Or because few legal experts conclude with the common opinion of the law and contend that scientific evidence is insufficient or even not existent, the laws would impede technological pro-gress. Taiwan’s relevant laws and guidance prevent the provisions of invasive sampling procedures to assay cell gene precautionary principle from the legal risks. The occur-rence of the legal risk prevention is difficult to control, and detection of this gene may lead to uncertain scientific and technological risk, so we should take preventive meas-ures. The competent authorities should consider the issue of legal risks deliberatively.
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