On The Benefit-sharing Right Of Genetic Resources

With the rapid growth of genetic technology,the 21 century is deemed as the century,governed by genetic technology,and the biological resources is known as the "Green Golden Mine".But,unfortunately,the distribution of the resources is not equal.The developed countries,rich in technology but poor in biological resources, By contrast,the developing countries,especially those located around the equator, rich in resources but poor in technology.So,there comes a big problem.The developed countries turn to the developing ones for "eating the cake freely".With time goes on,the conflict is growing.Now,it is the question we must try to solve.Convention on Biological Diversity comes to the world,which set up the principle of sovereignty and the principle of benefit-sharing.This essay is divided into four chapters.Chapter 1 discusses about the definition and the classification of the bio-resources,as well analyzes the nature and legal features of the benefit-sharing right of bio-resources.From the perspectives of right development,the reward theory and the protection of bio-diversity,Chapter 2 demonstrates the righteousness of the benefit-sharing right of bio-resources.Chapter 3 describes the protection of the bio-resources in the international society,emphasis on the sovereignty,prior informed consent and mutually agreed terms.Chapter 4 summerizes the basic information about the bio-resources,and the alarming gereral situations of their running off from our country,and the weak legal protection on bio-resources.Chapter 5 constructively puts forward the benefit-sharing right of bio-resources and designs the benefit-sharing right systems of our country on bio-resources,Furthermore,on this foundation,it examines the main body,objects, content and the limit of the right,and is ended with discussing how to protect this right in our country.