Research On The “Access And Benefit Sharing Of Traditional Knowledge Related To Genetic Resources” System In China

Traditional knowledge is a knowledge system that is conceived,developed and inherited in the long history of countries,especially in developing countries.It is an important part of the production and life practice of traditional communities.With outstanding economic and cultural values.In recent years,traditional knowledge related to genetic resources has become increasingly prominent in industries such as biotechnology and pharmaceuticals.Especially in the western developed countries,the phenomenon of illegal acquisition and improper utilization of traditional knowledge is becoming more and more widespread,which infringes on the economic interests of traditional communities in relation to traditional knowledge,and also on the spiritual interests of traditional communities.The adverse effects of normal life...therefore,in order to safeguard the economic and spiritual interests of traditional communities,the protection of traditional knowledge has become a matter of concern to governments,relevant international organizations and academia and that need to be urgently addressed,The"access and benefit-sharing"system proposed by Nagoya Protocol has become the main solution to this problem.Based on the above background,this paper discusses the"access and benefit-sharing" system in international conventions.According to our country’s national conditions and performance,the paper points out the problems that will be encountered in the transformation of international conventions in China and puts forward some possible countermeasures.To explain this topic,I use three chapter to enhance my thoughts:Chapter I analyses the"access and benefit-sharing"regime in international conventions.The Convention on Biological Diversity first lists"fair and equitable benefit-sharing" as the three main objectives of the Convention,and envisages a preliminary system of access and benefit-sharing,Such as the principle of national sovereignty over genetic resources and the need to obtain the prior informed consent of the right holder for access to genetic resources and related traditional knowledge...in order to further achieve equitable and equitable benefit-sharing,By adopting the Nagoya Protocol at its tenth meeting,the Conference of the parties to the Convention formalized the"access and benefit-sharing" regime.It provides legal certainty for the owners of genetic resources related to traditional knowledge,stipulates the prior informed consent system,the common conditions system,and so on.The second chapter mainly studies some of the limitations existing in the Protocol of the famous ancient house,which is the result of mutual compromise between developing countries and developed countries,and some problems are vague,such as how traditional knowledge acquired directly from indigenous and local communities is not directly protected;In order to monitor the utilization of traditional knowledge,these problems need to be managed by the States parties through domestic legislation.At the same time,on the basis of studying the limitations of the Protocol of the famous house and the characteristics of our traditional knowledge,this paper analyzes the problems that the performance of our country will encounter,such as the lack of relevant legislation in our country,for the traditional knowledge,for the ABS,Lack of perfect regulations and other issues.The third chapter mainly studies how to solve the problems raised in the previous chapter.The investigation,collation and documentation of traditional knowledge,as well as the establishment of electronic databases,can facilitate the acquisition of traditional knowledge.It can also facilitate the use and transmission of such knowledge,such as the digital library of traditional knowledge in India,the legal protection of traditional knowledge,which requires the definition of the subject of traditional knowledge,which requires the classification of traditional knowledge,Belong to private or collective,can carry on the protection of private rights;but can not trace back to the obligee,then need the state to carry on the management protection.In order to prevent our country traditional knowledge from being improperly applied for patent,our country knowledge produces The right system needs to perfect the"source disclosure system"and establish concrete measures to implement it,such as expanding the disclosure content and increasing the consequence of violation.