Research On The Special Right Protection System Of Agricultural Genetic Resources

China had a vast land and rich natural resources,however,with the excessive consumption of resources and the impact of market economy,traditional resources rapidly disappeared because of lacking in protect,which contained agricultural genetic resources.Agricultural genetic resources are the important strategic resources to improve biological diversity development and national economic level,which gather property,economy,ecology and specie value,play a important role in the current international economic competition.The earlier "Bio piracy",developed countries wantonly grabbed resources in developing countries to do research and make products,then sold them to developing countries at high prices,causing overt benefit and trade inequality.Nowadays international conventions and national legislation slightly curb bio piracy,the international competition change to be based on resource and knowledge.For our country,we should pay more attention to the persistent protection and utilization of agricultural genetic resources in the period of economic transformation and knowledge economy.However,China’s agricultural genetic resources owner is unknown,the system and the legislation are not perfect,so that the special important value of agricultural genetic resources can not play,just as the general natural resources.In view of this,it is necessary to determine the ownership of agricultural genetic resources.The particularity of agricultural genetic resources is that it is "one of the two characters",which not only have the external material property of biological resources,but also contain the intangible of knowledge information.This makes difficult to confirm the ownership of agricultural genetic resources.Therefore,there is necessary to create a right according with its own characteristics from the theory,it is special right protection.The main line of this paper is the special right protection system of agricultural genetic resources,mainly divided into four parts:first,concepts related to agricultural genetic resources and the strategic significance of protection,which contains the theoretical basis of this paper and the necessity to create a right;second,comparison and analysis of international conventions and foreign right protection system of agricultural genetic resources;third,the structure of special right system of agricultural genetic resources;fourth,the institutionalization of agricultural genetic resources.The various parts are all interrelated and based on the legal theory,also supported by economic law system and the intellectual property rights system,together constituting the main body of protection system of agricultural genetic resources,in order to provide a certain theoretical significance to the development of the ownership system of agricultural genetic resources,and ultimately promote the sustainable development of agricultural genetic resources.