Study On The Benefit-sharing Mechanism Of Virus Genetic Resources

Starting from Indonesia’s refusal to share domestic H5N1 virus samples,the international community has gradually realized the importance of viral genetic resources as a special kind of biological genetic resources in the context of the global epidemic.In the context of the international public health emergency represented by the new crown epidemic,the first to grasp the first-hand viral genetic resources can be the first to develop their own vaccines.This can not only take the lead in curbing the spread of the domestic epidemic,but also lead the global distribution of vaccines,and firmly grasp the right to speak,which is especially important for rising powers.To this end,this paper will study the construction and improvement of the benefit sharing mechanism of viral genetic resources.Viral genetic resources are a special kind of biological genetic resources.International legal documents regulate the issue of benefit sharing of biological genetic resources mainly through the resource acquisition and benefit sharing mechanism.main research objective.The benefit-sharing mechanism of viral genetic resources should adhere to the principles of transparency,fairness and justice,and the principle of maximizing benefits,and should be applied to mechanisms such as viral genetic resources acquisition mechanisms,vaccine research and development and production mechanisms,and vaccine benefit distribution mechanisms.The acquisition of viral genetic resources is restricted by the sovereignty and patent protection of viral genetic resources.Vaccine interests in benefit sharing include vaccines and vaccine intellectual property rights.Vaccines have the rationality and necessity for global sharing as an international public good,while vaccine intellectual property rights face conflicts with human public health.To this end,documents such as the Convention on Biological Diversity and the Nagoya Protocol have initially established a benefit-sharing mechanism for genetic resources to regulate related issues.The Pandemic Influenza Preparedness Framework is a specialized document for sharing the benefits of viral genetic resources,with specific provisions for the acquisition of viral genetic resources,the storage and distribution of vaccines,and the use of vaccine intellectual property rights.Specifically,the Convention on Biological Diversity establishes that countries have sovereignty over all their genetic resources according to the principle of national sovereignty.Therefore,the acquisition,development and utilization of viral genetic resources requires the "informed" and "consent" of sovereign countries.On the basis of the Convention on Biological Diversity,the Nagoya Protocol further stipulates the rights and obligations of sharing countries,recipient countries,developed countries and developing countries.As a special product in the context of H5N1 avian influenza,the Pandemic Influenza Preparedness Framework has taken clear measures to balance the interests of virus genetic resources providers and users,and ensure the production and storage of vaccines by ensuring the interests of vaccine manufacturers.The goal of ensuring the supply of vaccines is achieved through tiered pricing measures to ensure that the distribution of vaccines is sufficient to help the most urgent and difficult groups and maximize the interests of human public health.There are loopholes and implementation difficulties in the benefit-sharing mechanism of viral genetic resources in existing international law,including the existence of “public health information” stipulated by the Convention on Biological Diversity and the World Health Regulations on whether viral genetic resources belong to the latter.Controversy,loopholes in the regulation of viral gene sequences in the PIP Framework,the imbalance between the viral genetic resources of developing countries and the intellectual property protection of developed countries,and the benefits of vaccines and intellectual property caused by the backward capacity of developing countries It is difficult for benefit sharing to guarantee the realization of the final effect of fighting against the epidemic.In order to improve the corresponding mechanism,it is necessary to find another way: one is to distinguish between tangible viral genetic resources and intangible viral gene sequences and protect them by classification;the second is to promote the construction of a vaccine intellectual property pool;the third is to take into account both monetary and non-monetary benefits.Improve the response capacity of developing countries;Fourth,integrate the pandemic influenza preparedness framework and the implementation plan of the new coronary pneumonia vaccine and promote it.As a implementing country of the Convention on Biological Diversity and the Nagoya Protocol,China has also formulated corresponding domestic laws such as the Regulations of the People’s Republic of China on the Administration of Human Genetic Resources and other laws and regulations,but it does not address the development and utilization of viral genetic resources.be clearly regulated.In my country,there are no clear legal provisions on the external provision of viral genetic resources and the acquisition of benefits such as vaccines.To this end,my country needs to provide procedural provisions in relevant laws and regulations on the detection,external provision and acquisition of benefits of such special biological genetic resources as viral genetic resources.Individuals or organizations that violate the regulations will be punished.One is to improve domestic legislation on viral genetic resources,expand the scope of protection of viral genetic resources and clarify their rights attributes;the second is to strengthen the comprehensive management of the utilization of viral genetic resources;the third is to promote information sharing of viral genetic resources and regional vaccine development and production Cooperation and attach importance to the neighboring status of Southeast Asian countries.