Analysis Of Legislative Protection Of Genetic Resources

China is a biological genetic resources-rich countries,but because of the lack of legislation,the country,is facing the threat of bio-piracy phenomenon.Therefore,the development of the laws on the protection of a biological genetic resources is emergence.Since the entry into force of the CBD have been more than 50 countries and regions adopted a resolution on access to genetic resources and benefit-sharing area of the law.This paper is representative of a number of regional and national comparative analysis of the legislation,summed up the design and development of arrangements with a view to China's legislative reveal.Chapterâ… ,"Overview of biological genetic resources." First,from the perspective of "Convention on Biological Diversity",the concept and the scope of biological genetic resources is defined.Then also on biological genetic resources of the ownership is made,and discusses the jurisprudence basis on the biological genetic resources protection.Chapterâ…¡"on the protection of genetic resources abroad legislative practice." Discusses the biological genetic resources protected by international legislation and all the world's major biological genetic resources-rich countries domestic legislation and practice in developed countries.The "Convention on Biological Diversity"," International Treaties for Plant and agriculture Genetic Resources"(ITPGR) is a typical representative of the international legislation.Both established by the access to genetic resources and benefit-sharing legislation become the core of other international issues.First on the objectives and principles of the CBD,and then five areas discussed procedures for access to genetic resources can access the resources and benefit-sharing,access to genetic resources,joint consultation,prior and informed consent,benefit-sharing.The joint consultation,prior and informed consent, benefit-sharing has been the common legislation principles of other international and national.ITPGR,the first of the peasants on the right,focuses on a multilateral system of access and benefit-sharing,in particular the multilateral system of access and benefit-sharing and the establishment of objectives,scope,acquisition procedures, benefit-sharing.Costa Rica's "Law of the biological diversity" is the world's most comprehensive and detailed implementation of the CBD domestic law.This paper mainly from the law the objectives,principles,scope,access and benefit-sharing,prior and informed consent and mutually agreed point of view of the analysis.Finally,this chapter of the above make an exposition of international and comparative analysis of national legislation,including the following four areas: objectives,scope of application,access procedures,benefit-sharing,which analyzed the current international and national legislation on China's inspiration.Chapterâ…¢,"Construction of biological genetic resources protection law specifically envisaged." First the papers introduces on biological resources protection legislation this situation in China,with the national and international legislation,then points out the current shortcomings.Have the genetic resources conservation and management of the legal system is still not perfect,the management system is not sound,the lack of link up with international rules of the laws and regulations.Chapterâ…£,"Construction of the genetic resource conservation law envisaged." First the papers introduces genetic resources protection mode selection,points out the shortcoming of the existing law on intellectual property protection of genetic resources and propose special law enacted to protect the genetic resources.Based on the above analysis and conclusion,the writer China's propose the idea of a special law of the protection of a biological genetic resources.Legislative objectives,the guiding principles of legislation,the scope of protection,methods,and access to genetic resources,violations and penalties.