The Conservation Of Genetic Resources In Patent System

The wave of revolution of biotechnology in today is changing the life of every one of us.At the same time, the legal issues related to genetic resources has become the internationalhot spots, but the resulting of bio-pirates has brought very grave disaster to many developingcountries. Developed countries rely on technical superiority and the patent law protectionrules of "low standard but high specification", even "steal", excessive free, low utilization ofgenetic resources in other countries to develop science and technology. Then, in order toobtain greater economic returns, they sales these products which obtained patent protectiontechnology to other countries, including genetic resources for the raw material extraction. Asgenetic resources belong to the "genetic resources protection consciousness","protection ofgenetic resources sovereignty consciousness" and understanding of the economic value ofgenetic resources technology development industry, how to be more effective in protectingthe genetic resources "belongs to" and "genetic resources technology developer" rights, andin the development and utilization of genetic resources and how to protect the geneticresources itself safe before the world. Each country try to conclude through mutualconsultation and perfect "genetic resources" related law and perfect relevant laws system,safer, more fair and lawful, effective use of biological genetic resources service to the humansociety is very important and urgent. Biotechnology has a great dependence on geneticresources, the developed countries and in terms of "biotechnology""genetic resources"differences in ownership, patent protection of genetic resources is obvious differences. Somany biotechnology to underdeveloped countries to actively make use of the principle of"convention on biological diversity", advocated in the patent system under the legalframework of protecting the genetic resources, increase the prior informed consent, thesource of genetic resources and benefit sharing publicly. Caused the widespread concern ofthe international community, also become the world’s one of the important issues of thepatent system reform.Our country not only has abundant animal and plant genetic resources and many naturalanimals and plants of natural genetic resources are unique, scarce. Over the past many animaland plant natural genetic resources in unwittingly been other countries a lot of theft and plunder, even including the human genetic information is related to national security andnational security, also under the condition of no awareness into other countries. Along withthe accession to the WTO, our country to further enhance the cooperation and communicationwith the rest of the world, especially the increase and has a high biological technologycooperation and communication in the west, as a in the biotechnology industry has juststarted soon and have a country with a vast genetic resources, how to strengthen cooperationwith biotechnology powers at the same time to protect our country’s "genetic resourcessovereignty" and "security" genetic resources is more important. In addition to establishingand perfecting our country own biological gene pool, develop their own biologicalengineering technology, perfect legal system related to genetic resources "is also veryimportant. And patent system, in the legal system is a very important support. So from theAngle of the patent system to study how to develop our "genetic resources" relatedtechnology industries at the same time, protect the "sovereignty of genetic resources" and"genetic resources security" is very important.This article from the perspective of patent system, which make use of the semanticanalysis, comparative analysis and empirical analysis research methods of law, the patentprotection issues related to genetic resources "carried on the thorough analysis and research.Article, first of all, the concept of "genetic resources" the relatively uncommon, specificallyanalyzes its four characteristics, namely, compound, replicable, regional as well as thetechnical development and utilization. As an important strategic resource, human rightownership of genetic resources also experienced from "common property" to "nationalpermanent sovereignty", this also is the modern patent system to protect the legal basis forgenetic resources related matters. At the same time it is because of "genetic resources" in thesecurity aspects of human society also occupies the position cannot be neglected, therefore,we in the protection of genetic resources "belongs" and "right to genetic resources technologydeveloper" at the same time, also must be "genetic resources" for effective protection.This article tells the story of genetic resources from the international level of legalprotection in the "convention on biological diversity","the food and agricultural plant geneticresources and the international treaty, the TRIPS agreement and regional mainly reflects inlegal documents; And domestic law level, respectively, compares the different legislative models in the developing countries and developed countries, and further distinguish thelegislative mode in developed countries the United States and Europe are two differentlegislative patterns. After this article carefully reviewed the countries all over the world in thepatent law protection of genetic resources. And for genetic resources whether to grant thepatent right, analyzes the Egypt, Costa Rica, the African union, the United States, and Japanand other countries and international organizations that Chen show the opposite of two kindsof attitudes. This article also on the patent review system of genetic resources protection, digthe patent system in deep relationship with the protection of genetic resources, on the basis ofdetailed analysis of the cover "prior informed consent system" and "information source publicsystem", and based on two big system premise and patented genetic resources protectionsystem.Is a country with a rich genetic resources is in our country, is also a "genetic resources"serious erosion is one of the countries. Current of the patent law after the third revision,increased the content of genetic resources protection, but related to genetic resources inChina’s patent protection system is not perfect. Finally, based on the present situation of thegenetic resources protection in China, and combined with the current problems existing in thepatent law, puts forward the object adhere to our country existing patent scope remainunchanged; Actively to create genetic resources database, strict censorship "prior art";Adopted for genetic resources of an application for a patent for "absolute novelty" censorshipstandards and increase the genetic resources of the provisions of the patent infringement fourperfect views.