Intellectual Property Protection Of Genetic Resources On International Levels

With the development of biotechnology,genetic resources being more and more important to countries because of their unique value.The issue of intellectual property protection of genetic resources has always been an international focus.On the one hand,the developed countries using genetic resources at low cost and provide protection for this benefit through intellectual property system.On the other hand,genetic resources are excluded from the intellectual property protection system,the developing countries can not share the proceeds of the follow-up benefits,but being limited by its intellectual property.The growing rampant of "bio-piracy" has sounded the alarm for developing countries.In addition,the Convention on Biological Diversity is actively engaged in efforts to balance the interests of developed and developing countries with a rational mechanism for benefit-sharing.As a developing country,China has very rich genetic resources.Over the past few decades,China has developed a number of legal documents on the protection of genetic resources,but so far no uniform protection system has been formed,which leads to the current genetic resource protection work efficiency low.On the basis of this reality,the author chooses the international protection of intellectual property rights of genetic resources as a research topic,so as to make suggestions on the intellectual property protection system of China's biological genetic resources.The full text of the writing is divided into four chapters,as follows:The first chapter discusses the concept of genetic resources and describes its characteristics.In the second half of this chapter,from the perspective of "fairness and justice" and "intellectual property system".Chapter II introduces the international legislation.The Convention on Biological Diversity focuses on safeguarding the interests of developing countries and advocates the right to safeguard the rights and interests of developing countries with a fair and equitable benefit-sharing arrangement;The TRIPS agreement is somewhat different from the Convention on Biological Diversity,and it tends to maintain the interests of the developed countries with lower patent protection thresholds,which raises the dissatisfaction of developing countries;WIPO has been working on the issue of intellectual property protection for genetic resources,and in particular its efforts to facilitate the discussion of "source disclosure systems" between developed and developing countries,but there is no substantial progress in the discussion;International Treaty on Plant Genetic Resources for Food and Agriculture has some innovation for the protection of intellectual property rights in genetic resources.The third chapter of this paper mainly introduces the domestic legislation of the relevant countries in the world and its successful experience.The practice of the United States is mainly reflected in the use of the role of the country of origin as a genetic resource,in an attempt to properly take care of the interests of the country of origin of the genetic resources;While developing countries such as Costa Rica,India and the Philippines are mainly through the development of relevant domestic legislation to achieve the management and protection of their own biological genetic resources.There are two similarities between the practice of these countries:First,it emphasizes the prior informed consent system,that is,the user should obtain the consent of the provider before acquiring and intending to develop and utilize the genetic resources and should obtain the user before applying for a patent for scientific and technological achievements based on genetic resources;Secondly,most developing countries still wish to arrange for the sharing of benefits between the country and the developed countries on the development and utilization of genetic resources through a sound benefit-sharing mechanism.Among the developing countries,Costa Rica has achieved the most significant results.The fourth chapter is the focus of this article.Mainly related to the protection of genetic resources in China related matters.First introduced that China has a wealth of biological genetic resources,and these genetic resources contains a huge potential value.Followed by China's current situation on the protection of genetic resources made a more specific analysis of China's current protection of genetic resources with legal documents,but lack of a unified and comprehensive legislation to unify the protection of standards and procedures.The rest of the fourth chapter,the author is based on their own research situation comprehensive thinking,for our country to improve the protection of intellectual property rights system put forward the idea.