On The Legal Regulation Of Biological Plagiarism

With the development of the society,study on biological resources gradually,competition of biological resources has become a major research topic in all aspects of bio-technology.The unbalance division of biological resources in the world,and the differences of resource utilization level among different countries,result to biological plagiarism phenomenon.Biological plagiarism(bio-piracy)has caused the country or region of the biological resources can not benefit from the development of the resource,even bear the ecological consequence of biodiversity destruction.The International law adopts the Convention on Biological Diversity(CBD)and The Nagoya Protocol in order to regulate biological plagiarism phenomenon,through constructing Benefit-sharing system.Though the principle of prior consent and the principle of benefit-sharing of CBD establish a reasonable construction for biological plagiarism,the current intellectual property system exists disadvantages such as incompletion of material,which becomes the protection of bio-piracy.What is more,the domestic laws of various countries have different levels of awareness about the problem of bio-piracy,and there are differences in the protection of legislation.Based on the analysis of bio-piracy,the article analyzes the lack of protection from the current bio-piracy problem of domestic and international laws,and suggest how to construct the legal system and other related systems about biological resources protection in China.In Chapter One,the article firstly discusses the definition of bio-piracy problem from the aspects of meaning,external forms and basic characteristics of bio-piracy.Secondly,the article shows the phenomenon and rising development trend of bio-pir acy in China through several examples.Finally,the article analyzes the causes of bio-piracy phenomenon in China from the social and economic factors.In Chapter Two,in the face of the increasingly serious problem of bio-piracy,the article analyzes the necessity of the legal regulation of bio-piracy,from aspects of biological resources and ecological environment itself,and shows feasibility and analysis of the current social political and legal environment for the legal regulation of bio-piracy problem.In Chapter Three,the article introduces the current convention and prevent provisions of the international treaty of bio-piracy implementation and typical National Bio-piracy problems,to provide experience for the construction of China's bio-piracy prevention system.In Chapter Four,based on China's current legislation to prevent bio-piracy,the article analyzes existing problems,and puts forward relevant suggestions,to construct a reasonable prevention mechanism of bio-piracy,to suggest programs to balance intellectual property rights with interests of biological resources.