| Today when the biological science and technology is highly developed, thebiological genetic resources are endowed with great commercial value, which carrygenetic information that has provided critical enlightenment for mankind in theagricultural, medical field to overcome difficulties and make breakthrough progress.Also because of this, in the global context, countries, major multinational chemicalcompany launched a genetic resource contention. Many developing countries haveabundant biological genetic resources. But by their level of scientific research,funding constraints, they are unable to stand on their own development of thisvaluable resource. As a matter of fact, their genetic resources are being acquiredcheaply by developed countries with various means to produce huge industrialeconomic benefits. As the genetic resources providers, the developing countries fail toget any reward. This is the" bio-piracy" behavior which has led to internationalinterest in public opinions currently.China is one of the12countries which are most abundant in the biodiversity inthe world. Plus the5000years of farming civilization and humanity historyaccumulation, people has produced many excellent biological properties of animaland plant resources in our country, which have played a great role in the agriculturaleconomy development. But in recent years, our country suffers" bio-piracy" invasion,a large number of outstanding biological genetic resources get loss, not only causedserious economic loss, but more important is that it has compressed Chinesebiological technology development space. China has lost the advantage and thecommanding elevation of development of biological economy.In view of this, this paper summarizes and analyzes the problems deeply whichChina has being faced with in the field of genetic resources from the aspects ofreasonable protection of genetic resources, actively development of its biochemicalindustry, with deep analyses of the legal concept and relationship, interpretations oninternational politics, economic benefits and reflections of the problems which ourcountry has being faced with presently in the biological genetic resources field. Andthen it focuses on the successful experience of the other countries in this field toundertake comparative study, on this foundation the paper puts forward some countermeasures to solve our country’s current problems. This paper is divided intofive parts:The first part is the analysis of basic problems of genetic resources. There is acombination of international conventions and domestic laws and regulations, for thedeep interpretation of concept of the genetic resources and connotation, and on thisbasis, the characteristics of genetic resources are summarized and analyzed. Finallywith genetic resources’ complex features, the intrinsic relationship between geneticresource, biological technology and intellectual property rights is revealed.The second part mainly analyzes the conflict caused by the genetic resource.Genetic resources directly cause the "bio-piracy" phenomenon overflows which haveattracted a vast international attention currently and the fierce conflict betweendeveloped and developing countries. Therefore, the second part first derivative the "bio-piracy " concept, and explain it with some typical cases; then show theNorth-South conflict of interest in the current international community in geneticresources from the aspects of the international treaties conflict and the domestic andregional legislations opposition; finally it analyses the cause of contradiction conflictin consideration of the international relations, the interests of the state’s political andeconomic.The third part mainly shows the present situation of how the genetic resourcesget lost and be protected in China. By the list of typical cases, this part try to explainwhat a serious crisis that our country is faced with currently in genetic resource field,and point out the defects that lies in the legal and technical protection of geneticresources in our country. At last this part analyses the state position and interestswhich our country should be in about the problem of the genetic resources from theaspect of political and economic.The fourth part is the focus of this paper. It introduces the United States,Australia, Costa Rica and India these four countries’ legislation modes and successfulexperiences in the protection of genetic resources respectively, which combines ananalysis of each country’s state interests and national condition to make a concreteanalysis of concrete problem. Finally, this part puts forward a comprehensiveevaluation of the legislative modes and successful experiences of these four countries,and points out what can be referenced for our country.The fifth part provides some suggestions for Chinese legal protection system ofbiological genetic resources. These recommendations which are based on the conclusion of the comparative study of these four countries, are put forward mainlyfrom the aspects of the legislative mode, control system and benefit sharingmechanism, with a combination of China’s reality and specific national condition,.These recommendations which are specific detailed, practical and operable, are hopedto provide a certain reference for China in the areas related to system designed. |
