Plant Genetic Resources For Conflicts Of Interest And Sharing Of Research

In recent years, more and more countries in the world have attached importance to plant genetic resources, which as a strategic resources for human survival and development .cases arising from the protection of plant genetic resources are also on the rise, this paper analysis the economics theory of plant genetic resources interest sharing and conflict issues from the perspective of intellectual property rights protection on plant genetic resources, the status of access to genetic resources and benefit sharing, the right of farmers and the property rights theory.respectively, analysis the basis of the theory on the conflict and the theoretical basis for the sharing occurs by using Kaldor-Hicks efficiency standards and property rights theory, optimize the allocation of resources theory, the "common but differentiated responsibilities" theory, interests sharing of the related people principles. this paper analysis the benefit conflict of access to and sharing plant genetic resources between developed and developing countries through game theory, propose settlement mechanism. In the plant genetic resource benefit conflict game, the two sides can reach the Nash equilibrium, but it is not the Pareto optimal. there is room for Pareto improvement for the two sides. developed country can share research results with developing countries under the conditions of cost recovery, and increase of revenue of developing countries without prejudice to its own circumstances;To maintain this state, and make bilateral cooperation possible, there must be a credible threat-perfect, fair,Mandatory legal system. Establish prior informed consent, mutually agreed terms, disclosure of the source when apply patent for plant genetic resources, as well as resource access to and benefit-sharing and technology transfer procedures, forms and conditions and follow-up monitoring, and punishment mechanism.only in this way can we improve the efficiency of socio-economic activities, increase social welfare. And drawn conclusion from the interests sharing model of developed and developing countries : only if the developing countries win a lawsuit and the threat is credible, developed countries will choose to keep and share the interests of rational choice.The paper also using the game thoery analysis the disclosure modle for origin of genetic resources suitable for our country, obtained that the more serious punishment given to the illegally access to genetic resources, or the less revenue the patent applicant received from illegally access to genetic resources,the less probability the patent applicant choice to illegally access to genetic resources;the higher the monitor cost is, the greater the probability of patent applicants choose to illegally access to genetic resources is,.So China should be subject to mandatory disclosure mechanisms in patent applications, the legislature should do its best to increase the penalties. In case of not disclosing or providing error information, patent application can be rejected or declared patent invalid. it will not only inhibit the patent applicant illegally access to resources, can also increase the income of legislative branch and the main interest. At the same time, co-ordinate the regulatory costs of monitoring to ensure that mandatory disclosure mechanisms for efficient and sustainable operation. The paper analysis from the perspective of property rights economics and obtained that: guide interest to the resources provider, enable the economic entities who related to the use of genetic resources to participate in benefit-sharing, is the the best incentives to better safeguard of the biodiversity for resources protector. Finally, propose a solution to the current system of our country, our country should have a strong international position and attitude, join forces to actively promote and participate in the formulation of relevant international rules fair and reasonably, our country should positively develop expertise Law which match with the international Convention,improve the system,set up early-warning monitoring mechanism for the use of plant genetic resources and patent applications. At the same time, strengthen the scientific research on the plant genetic resources, popularize and promote biodiversity-related knowledge of plant genetic resources. Strengthen the management of plant genetic resources to ensure sustainable development of resources.