Research On The System Of Access To Human Genetic Resources And Benefit-sharing

With the energetic development of biotechnology, the value of genetic resources especially human genetic resources have attracted more and more attention. In the new century, the biotechnology industry will work together with the information technology industry as one of the two main pillars of economic development. In practice, the developed countries with the technological and financial advantages wantonly despoil human genetic resources of developing countries for research to get the technological achievements, and then access to apply for a patent. Then they transfer the expensive patented technology or patented products to developing countries to get higher profits. Such a system is unfair for countries with rich genetic resources but less developed in economy. To achieve justice, it is necessary to let countries, which provide human genetic resources participate in sharing the benefits arising from genetic resources. That is to say, it is necessary to establish a fair and equitable mechanism for human genetic resources to be accessed and for benefits to be shared. Meanwhile, in the filed of human genome research, another question that must be taken into consideration is whether the donor of the human genetic material have right on the information of their own gene and what this right is .In this paper, after offering the legal basis for human genetic resources providing countries and donors to share benefits arising from genetic resources, the author expatiates on the three realization mechanisms of access to human genetic resources and benefit-sharing and presents her views. On this basis, the author gives some corresponding suggestion about China's unfavorable situation of the human genetic resources protection.This article is divided into four chapters.The first chapter is the basis of the whole paper. The author defined the conception of human genetic resources from that of genetic resources. And then through the introduction of Human Genome Project the author pointed out the important value of human genetic resources. Based on these presentations, the author explained the reason for establishment of a fair and impartial access and benefit-sharing mechanism. Finally through the analysis of relationship between the human genetic resources providing countries and the donors, the author explained the subject of benefit-sharing.The main content of the second chapter is the legal basis for human genetic resources providing countries and donors to participate in sharing the benefits arising from human genetic resources. It began with the international law basis from the perspective of providing countries and then explained the private rights based from the perspective of donors.Chapter III elaborates the three realization mechanisms of access to human genetic resources and benefit-sharing ~ the mechanism to achieve international consensus, contract mechanism and domestic legislation mechanism. This part is the core of this paper .On the basis of Chapter 1 and 2, this part focus on the specific institutional arrangements of the realization mechanisms of human genetic resource's access and benefit-sharing.The fourth chapter contains the suggestions of strengthening China's the self-preservation ability in the international cooperation of the research and employment of human genetic resources. The content is the essence of this paper .The focus is the analysis of "Interim Measures for the Administration of Human Genetic Resources" of our country and corresponding advices for improvement.