Research On Source Disclosure System Of Genetic Resources

As an important factor in the field of biotechnology,genetic resources have attractive commercial value,and its protection and utilization has always been a hot topic in academic circles.Given the different interest needs and starting points of developed and developing countries on this issue,the regulations on the disclosure requirements of genetic resources are naturally different.The disclosure system of genetic resources has been implemented in China for ten years,the existing research is mainly focused on the theoretical level,and few people pay attention to the actual effect of the system.After analyzing the international treaties,typical national legislation and China’s patent examination practices,this paper finds that there are problems in the definition of genetic resources,the scope of disclosure of genetic resources sources,and the benefit sharing mechanism of genetic resources.Existing legislation is not enough to coordinate the interests between genetic resources providers and developers,so the law needs to be perfected.This paper examines the international legal background of the system and the current position of developing countries and developed countries on the disclosure of sources of genetic resources by examining the Convention on Biological Diversity,the Agreement on Trade-Related Aspects of Intellectual Property Rights and the Patent Cooperation Treaty.It is clear that the interest game between countries leads to the operability of the disclosure provisions on the source of genetic resources in international treaties.On this basis,the "horizontal analysis" method was used to analyze the implementation of the source system of genetic resources in the four typical countries of the United States,India,Costa Rica and Norway,explain in detail the legislative countermeasures adopted by the above countries on the protection of genetic resources,analyzed the enlightenment brought about by the improvement of the source of genetic resources in China.Secondly,it adopts the method of"longitudinal analysis" and combines the previous changes made by the four countries in the process of legislative protection of genetic resources to sort out the intentions of the revision and explore the future legislative trend;Finally,after clarifying the global legislative framework of the system,combined with the disclosure of 500 patents before and after the implementation of the Chinese Patent Law,from the definition of genetic resources,the establishment of relevant review institutions and the construction of the benefit sharing mechanism of genetic resources to make suggestions for improvement.