Protection Of Genetic Resources By Patent Law

“Bio-piracy” refers to the development of biological materials by technological advancedcountries without fair compensation to the nation where the materials were originally discovered.China has been being one of the main victims of biopiracy. Directed by the “Convention onBiological Diversity”, the protection of genetic resource has been included into recently amendedChina’s Patent Law, promoting the improvement of legal system for the biological resourceprotection.However, the existing China’s Patent Law only contains two clauses concerning theprotection of genetic resource-related inventions and creations. As an interdisciplinary field ofpatent system and biological science, the legislation on genetic resource is a considerablycomplex process that needs extensive exploration. Defects still exist in our current patent systemon genetic resource protection.Therefore, based on the provision in our Patent Law and international conventions and laws,this study comprehensively analyzed the legal system on the protection of genetic resource in ourcountry and other countries in the world. In addition, this study dissected the concept,patentability, and availability of genetic resources based on the existing patents laws worldwide.This study also discussed the precautionary principle, disclosure of origin issue, and benefit-sharing obligations in the Biodiversity Convention, and provided suggestions on the scope ofpublic awareness of genetic resource and the mechanism of benefit-sharing. This study willanalyze and compare the legislation of genetic resource protection laws in the world, and finallygive hints on the improvement of our Patent Law in this field into a legal system with morepracticality and feasibility.