Genetic Resources Of Intellectual Property Protection Issues

With the trend of economic globalization being increasingly clear, theinternational rules of intellectual property rights (IPRs) are facingprofound changes. For a long time, genetic resources have beenconsidered as the common heritage of mankind. The developed countriesfree use genetic resources mainly from developing countries, and gainenormous economic benefits through IPRs; on the other hand, geneticresources have been excluded from the system of IPRs, so the developingcountries can not benefit from the interests from the following researchand development on genetic resources, but subject to the constraints ofIPRs. To counter the obvious advantages of developed countries in thefield of IPRs, the developing countries propose genetic resources beprotected.However, there are still some problems: is the proposal ofdeveloping countries reasonable and legitimate? And how can we protectgenetic resources? In this thesis, in order to answer these questionsⅠputforward that genetic resources deserve protection under IPRs system, anddiscuss the legitimacy of the protection. Because this is a sensitive topicinvolving national and state interests, it may face opposition andresistance from developed countries; meanwhile, there are no maturepractices and international rules can be learnt from, we need to exploreforward.The thesis begins with discussing IPRs problems in genetic resources'protection, and analyzing the issue of IPRs protection of genetic resourceson international and domestic levels. Then it unveils the contradictionsand divergence on protecting genetic resources between developed anddeveloping countries, and explores success and failures of the currentpractice and probes in protection of genetic resources. Based on incentiveand prospecting theory of economics, fair and lease conception of lawrespectively, the second chapter points out the reasonability onintellectual property protection for genetic resources, and critics theconception of "intellectual works", which is a prevalent theory in IPRssystem currently. Further it proves the reasonability of intellectual property protection for genetic resources. Chapter 3 analyzes theexclusion or inefficacy of current IPRs system to protect geneticresources. Therefore, in the fourth chapter, the author calls for changingthe current system of IPRs so as to protect genetic resources in itsframework. Finally, based on analyzing the conservation status ofChinese genetic resources, the author makes some suggestions forlegislation to protect genetic resources through IPRs, and tries toconstruct subject, object, relief rights and other specific aspects of theright to build our own system to protect Chinese genetic resources.