The Interest Balance In The ABS Of Traditional Knowledge Associated With Genetic Resource

Since the establishment of the regime of Access and Benefit-sharing in the Convention Biological Diversity, the legal protection to traditional knowledge asscoaited with genetic resource aroused the attention gradually. And the international treaty mentioned also advanced or accelerated the laws or regulations on access to traditional knowledge asscoaited with genentic resource in the world. By the reasons of difference in the distribution of resource, the interest claims and the goals, content and formats of laws or regulations, the regime of access and benefit-sharing faced the situation of interest imbalance in a lot of countries. The chief performance of interest imbalamce is the private interest between the user and provider, the private interest of user and the public interest and the private interest in the inside of users. And the reason of interest imbalance can be concluded that not only the whole or comperhansive international treaty or agreement that the respective interest should be considered, but also the national laws or regulations for itself such as the strict requirements for the proper access application, and the different sphere of application, ect. All these reasons can be result in the interest imbalance in the implementation of the regime of access and benefit-sharing.The close relationship between intellectual property and benefit-sahring can be demonstrated that the more participants and the same goals in these two regimes, and the specific content of intellectual property can be a part of the benefit-sharing arrangement, and the regime of intellectual property can be a supervisor to the action of access and benefit-sharing. And as we know, the regime of intellectual property is a chief regime for the theory of interest balance in law and it can solve the problem of interest imbalance. For that, this paper reckon that it should establish the regime of interest implmention in ABS in China primarily which can change the situation of interest imbalance in ABS of traditional knowledge associated with genetic resource. This paper also deem that it should stipulate the regime of interest expression, the regime of interest implementation and the regime of interest relieve, and then establish the goals, conditions or applicable situation and the specific regimes or measures to realize the fair and equitable access and benefit-sharing in the country or global.