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Table of Contents
Preface; Contents; Abbreviations; List of Cases; 1 Stem Cell Tourism Phenomenon in China: An Introduction; 1.1 Reasons for Stem Cell Tourism Phenomenon; 1.1.1 Values of Human Embryonic Stem Cell (HESC) Research; 1.1.2 Inconsistency HESC Related Regulations Across Jurisdictions Leads to Stem Cell Tourism in China; 1.1.3 TRIPS Agreement Cannot Assure Symmetrical Coherence Between Moral Provision Within Patent Law and Moral Provision Outside Patent Law; 1.1.4 Inadequate Regulation of HESC Research in China; 1.2 Purpose and Focus of the Book; 1.3 Conceptual Framework
1.4 The Framework of the Book2 The Legal Framework of Stem Cell Science and Medicine in China: An Overview; 2.1 HESC Research Environment in China; 2.1.1 HESC Research Funding in China; 2.1.2 HESC Industry in China; 2.2 The Legal Framework of HESC Research in China; 2.2.1 The Patent Law of China and Its Guideline for Patent Examination; 2.2.2 The Ethical Guideline for HESC Research; 2.3 Case Studies; 2.3.1 Whether Article 5 of the Patent Law Excludes Inventions Related to HESC?; 2.3.2 Whether Adult Stem Cell Has the Practical Applicability Under Article 22 of Patent Law?; 2.4 Conclusion
3 The Moral Dilemma of Stem Cell Science and Medicine3.1 Overview of Moral Issues on HESC Research; 3.1.1 Human Dignity and the Rights of Human Embryo; 3.1.2 Create Embryos for Research; 3.1.3 Moral Issues in Embryo Donation; 3.2 The Moral Status of Human Embryo; 3.2.1 Human Embryos Are Individual Human Beings; 3.2.2 Human Embryos Are Human Beings, but They Are not Human Persons; 3.2.3 Human Embryos Are not Human Beings; 3.3 What Is the Moral Source of Human Embryos: Use the Discard Human Embryos or Create Human Embryos for Research?; 3.3.1 Use the Spare Human Embryos from IVF
3.3.2 Create Human Embryos for Research3.4 Will Therapeutic Cloning Use Lead to Reproductive Cloning Use?; 3.4.1 Will Therapeutic Cloning Use Turn to Commercial Use?; 3.4.2 Will the Distinction Between Therapeutic Cloning Use and Reproductive Cloning Use Be Impossible to Police?; 3.5 Whether Adult Stem Cell Could Be Fully Used as an Alternate to Embryonic Stem Cell?; 3.5.1 Adult Stem Cell Can Be Fully Used as an Alternate to Embryonic Stem Cell; 3.5.2 Adult Stem Cell Cannot Be Fully Used as Alternate Embryonic Stem Cell; 3.6 Conclusion
4 Stem Cells, Patents and Regulation in China: Inadequacy4.1 The Critical Issues of First Administration Measure on Clinical Stem Cell Research 2015; 4.1.1 Clarifying the Qualifications of Institution Conducting Clinical Stem Cell Research; 4.1.2 Establishing the Initial Review, Record Filing Mechanism, and the Research Project Reporting System; 4.1.3 Reporting the Unsafe Event in Clinical Stem Cell Research; 4.2 The First Administrative Measure Cannot Effectively Control Stem Cell Therapy in China; 4.2.1 Lacking Liability Clause; 4.2.2 Lacking Traceability System
1.4 The Framework of the Book2 The Legal Framework of Stem Cell Science and Medicine in China: An Overview; 2.1 HESC Research Environment in China; 2.1.1 HESC Research Funding in China; 2.1.2 HESC Industry in China; 2.2 The Legal Framework of HESC Research in China; 2.2.1 The Patent Law of China and Its Guideline for Patent Examination; 2.2.2 The Ethical Guideline for HESC Research; 2.3 Case Studies; 2.3.1 Whether Article 5 of the Patent Law Excludes Inventions Related to HESC?; 2.3.2 Whether Adult Stem Cell Has the Practical Applicability Under Article 22 of Patent Law?; 2.4 Conclusion
3 The Moral Dilemma of Stem Cell Science and Medicine3.1 Overview of Moral Issues on HESC Research; 3.1.1 Human Dignity and the Rights of Human Embryo; 3.1.2 Create Embryos for Research; 3.1.3 Moral Issues in Embryo Donation; 3.2 The Moral Status of Human Embryo; 3.2.1 Human Embryos Are Individual Human Beings; 3.2.2 Human Embryos Are Human Beings, but They Are not Human Persons; 3.2.3 Human Embryos Are not Human Beings; 3.3 What Is the Moral Source of Human Embryos: Use the Discard Human Embryos or Create Human Embryos for Research?; 3.3.1 Use the Spare Human Embryos from IVF
3.3.2 Create Human Embryos for Research3.4 Will Therapeutic Cloning Use Lead to Reproductive Cloning Use?; 3.4.1 Will Therapeutic Cloning Use Turn to Commercial Use?; 3.4.2 Will the Distinction Between Therapeutic Cloning Use and Reproductive Cloning Use Be Impossible to Police?; 3.5 Whether Adult Stem Cell Could Be Fully Used as an Alternate to Embryonic Stem Cell?; 3.5.1 Adult Stem Cell Can Be Fully Used as an Alternate to Embryonic Stem Cell; 3.5.2 Adult Stem Cell Cannot Be Fully Used as Alternate Embryonic Stem Cell; 3.6 Conclusion
4 Stem Cells, Patents and Regulation in China: Inadequacy4.1 The Critical Issues of First Administration Measure on Clinical Stem Cell Research 2015; 4.1.1 Clarifying the Qualifications of Institution Conducting Clinical Stem Cell Research; 4.1.2 Establishing the Initial Review, Record Filing Mechanism, and the Research Project Reporting System; 4.1.3 Reporting the Unsafe Event in Clinical Stem Cell Research; 4.2 The First Administrative Measure Cannot Effectively Control Stem Cell Therapy in China; 4.2.1 Lacking Liability Clause; 4.2.2 Lacking Traceability System