Research On Intellectual Property Mechanisms For Access And Benefit Sharing Of Genetic Resources

As biotechnology continues to evolve,the genetic resources underpinning biotechnology will become increasingly important because of their huge economic benefits.However,genetic resources are unevenly distributed around the world,leading to an unequal distribution of benefits between countries.Genetic resources tend to be relatively scarce in high-tech developed countries and relatively abundant in low-tech developing countries.As a result,profit-oriented multinationals from developed countries turn to developing countries to find genetic resources with potential applications.These multinationals from developed countries then use their genetic engineering technology to’mine’ the unique genetic resources of these countries under the auspices of intellectual property rights regimes.Biopiracy is not uncommon for multinationals from developed countries and over the past decade it has led to a new and increasingly intense wave of’land grabbing’.This paper focuses on the following aspects of IPR protection for genetic resources.In the first part,we will focus on the practical background,theoretical foundations and research results of IPR research on genetic resources,identify the conflicting views of domestic and foreign researchers on the object of IPR,the way in which genetic resources are protected and the prospects for development,and summarize research ideas,research methods and innovations in this work.The second part will first analyze the conceptual characteristics of genetic resources,focusing on their integrity,reproducibility and informational value.The purpose is to lay the groundwork for the protection of intellectual property rights in genetic resources.It will also examine the causes of inequality in benefit sharing and access to genetic resources,pointing out that the main cause of this phenomenon is the ’looting’ of genetic resources by developed countries compared to the use of existing technologies in genetically rich developing countries.The third part presents the IPR related to genetic resources,selecting mainly the most representative patents,geographical indications and new plant variety rights,and examines the rationality of IPR protection for genetic resources from a legal and economic perspective,showing that the classification of genetic resources in the IPR system not only protects human rights but also reflects the trend towards the ’de-intellectualisation’ of IPR.The fourth part deals with the protection of genetic resources.This part describes the extraterritorial experience in the field of genetic resources protection.International agreements such as the Convention on Biological Diversity have established mechanisms for access to genetic resources and benefit sharing;developed or developing countries,such as the US,Australia and India,have adapted their national laws and regulations,which are of great relevance to their own situation.The fifth part develops the protection of genetic resources under China’s Patent Law and other individual laws from a Chinese perspective,and highlights the legislative,institutional and technical shortcomings of Chinese current system for the protection of genetic resources.The sixth part builds on the previous discussion by proposing that in the area of law,China should introduce a new type of intellectual property law,a genetic resources law;in the area of governance,a system of prior informed consent could be introduced based on the experience of India and other countries;and in the area of technology,China’s research on the basis of genetic resources should be strengthened to ensure that the data support future sustainable use.