Research On The System Of Disclosure Of Origin Of Genetic Resources In The Patent Law

With the development of biotechnology, in recent years, biotechnology plays an integral role in the promotion of world revolution. It isn’t an exaggeration to treat 21 st century as the century of the biological sciences. As strategic resources in the biotechnology development process, genetic resources are widely used in many fields of medicine, food, environmental protection and so on. It creates a considerable economic benefits for all mankind and its value is self-evident. There are significant differences of the genetic resources and application level between developed and developing countries. Developed countries have a high level of biotechnology but lacking of genetic resources. On the contrary, developing countries rich in genetic resources but the lacking of advanced biotechnology. Developed steal genetic resources from developing countries, and patented the valuable inventions. The providers of genetic resources not only can’t share benefits, but also paying high royalties when realized through the related patents. This phenomenon is called bio-piracy. In order to stop bio-piracy and implement the Convention on Biological Diversity, China’s Patent Law introduced the system of disclosure of origin of genetic resources.After reading literature, it isn’t difficult to find the following problems. First of all, domestic research stays at the theoretical level and combines with examination practice rarely. Secondly, there are still many imperfections in current legislation such as a narrow range of the disclosure, lack of consequences of disclosure, imperfect legislation concerning the protection of genetic resources, which are not conducive to the protection of genetic resources. This paper firstly discusses the standard of the system of disclosure of origin of genetic resources at the legislative level and practical level. Then finding out the cause of the problem on the basis of analysis and putting forward proposals to improve the system of disclosure of origin of genetic resources by learning from foreign and international legislative experience.In the opening of this paper, there has a brief analysis of the system of disclosure of origin of genetic resources. Firstly, define the legislative purpose of setting up the system. Then,through elaborating concept of genetic resources, the use scope of genetic resources, the contents of disclosure, the consequences of violating disclosure to describe the system.Next, it will analyze problems of the system at the legislative level and practical level. Based on our legislature situation, this paper will compare the legislation with other countries such as Brazil, India, Costa Rica, the Andean and Norway to improve our system by learning experience. In addition to analyzing constituents of system, it also discusses ABS legislation mode such as specific legislation mode in Brazil, comprehensive legislative model in Costa Rica, regional legislative mode in the Andean. Demonstrating the advantages and disadvantages of modes above will become a very important reference for the improvement of our legislation. It also treats international progress as an entry point. It isn’t hard to find that Nagoya Protocol provides theoretical basis of extending range of use of genetic resources.Finally, this paper proposes four legislative proposals as follows: expansion of the use of the range of genetic resources, malicious false disclosures included invalid reasons, ABS legislation perfection, participate in and promote international negotiations actively.