Studies On The Protection Of Legal System And Mechanism Of The Plant Genetic Resources

Today, the situation has been getting worse in Bio-piracy. Access to and Benefit-Sharing of Genetic Resources has been becoming a focal issue in the North-South relationship. China is a big country in biodiversity. But the loss of Genetic Resources of china is a serious problem in recent years. So research on the protection of Plant Genetic Resources also has a certain theoretical and practical significance. This paper is divided into four sections to introduce the topic.The first part briefly discusses the concept of Plant Genetic Resources, and analyzes the backgrounds of Bio-piracy. The energy shortage, the tremendous economic benefits arising from the use of Genetic Resources temptations, the weak efforts of developing countries to protect and imperfect mechanism for the protection of such areas are the main reasons. This part also introduces some cases of world and china. At last this part explains the reasons and significance of this topic.The second part introduces the international legal basis and domestic legislation practice for the protection of Plant Genetic Resources. "the International Undertaking on Plant Genetic Resources",the "Convention on Biological Diversity" and "International Treaty on Plant Genetic Resources for Food and Agriculture" is three main international conventions. And from the set goals, access to resources, Benefit-Sharing and financial support four areas introduces them. And briefly analyzes the successes and failures of three conventions. In domestic law, briefly discusses the law of developed countries and the law of developing countries. And analyzes the main distinctions in these countries' law. This chapter outlines the legal framework for the protection of Plant Genetic Resources, but also pointed out the problems that exist in this framework.The third part introduces the main mechanisms for the protection of Plant Genetic Resources, they are The Fanner's Right and The Prior Informed Consent (PIC) mechanism. Prior Informed Consent mechanism includes the national sovereignty, PIC, the proof for the PIC. On the bases of above, this paper suggests that the developing countries should adopt coercive measures. And last introduces the main shortages for the PIC mechanisms. The standards are not unified, the enforcement of developed countries is not strong, and the Benefit-Sharing form is imperfect, they are the main problems.This paper also explains the concept of the Farmer's Right. Later mainly analyzes the existing dispute, which focused on the controversial subject -- the mainstay of Farm's Right, the nature of Farm's Right, realization of the Farmer's Right and the relationship between intellectual property rights and Farm's Right. Then the Prior Informed Consent mechanism and the Farmer's Right comparative analysis of the pros and their conclusion, thus suggested that the two sides can play their respective strengths to compensate for each other's weaknesses.At last, this paper analyzes the main legal system in our country. This part not only introduces the successes but also points out the main problems in this area. This paper also analyzes the defects in the collection system and in the protection mechanisms. And on the bases of the above analysis, I put forward my views and recommendations on these problems. We should adopt the PIC mechanism and the Farmer's Right mechanism, and combine these mechanisms with China's actual situation, to improve China's protection mechanisms.