Benefit Sharing In Patent Protection Of Biological Genetic Resources Institutional Research

With the frequent occurrence of biopiracy,large countries of biological resources represented by developing countries pay more attention to the protection of biological genetic resources.Through the signing of the Convention on Biological Diversity and the Nagoya Agreement,countries have realized the purpose of protecting biological diversity and the benefits sharing system.Although the concept of biological genetic resources has not been completely unified in the world,it is generally recognized that biological extracts which can be cultured,mass-produced and used in industrial production after extraction or purification can be protected through the patent system.Similarly,derivatives derived from biological genetic resources can be protected in the form of patents.Since these products depend on the carrier of biological genetic resources for reproduction and protection by some groups or individuals,the relevant subjects have paid hard work and even protect some animals and plants is the tradition of some ethnic groups or tribes of our country,so when the patent is granted,it is due sense to share the interests to the guardian of genetic resources except the patentee.This paper starts with the international benefit-sharing system,focusing on introducing benefit-sharing system into the patent law in response to the requirements of international treaties and conventions,so that the guardians of domestic genetic resources can share the benefits brought by the patent,stimulate the motivation and desire of the subject to protect biological genetic resources,and realize the rationalization of profit distribution through benefit-sharing.In order to encourage specific subjects to continue to protect biological genetic resources and their carriers,awaken the national awareness of protecting biological genetic resources,and realize the goal of rational profit distribution and common prosperity through benefit sharing,it is the easiest way to introduce benefit sharing system into patent law at present.To supplement and improve the patent law in the following aspects can more effectively implement the benefit sharing system and promote the protection of biological genetic resources.First,clarify the rules of informed consent.Constructing perfect informed consent rules is the premise of realizing benefit sharing.Clarifying the subject of informed consent and determining the purpose and use of biological genetic resources through written documents such as contracts are the key to determine whether benefit sharing should be carried out and the degree of sharing.Second,strengthen the source disclosure system.Patents related to genetic resources should specify where biological genetic resources come from and declare that their direct source and original source are the existing provisions of the patent law.However,it is insufficient to only make such provisions,and it should also specify the collective organization under the jurisdiction or protection of what organization.Third,benefit sharing should be implemented.To clarify specific ways of benefit,including monetary and non-monetary modes,can more clearly share the way and scope of benefits.At the same time,strengthen the perfection of the supporting rules system.The provisions on benefit-sharing are scattered in laws and regulations.Therefore,when perfecting the patent law,attention should be paid to the connection between supporting laws to maintain the coordination and consistency between laws.