On The Development Of Chinese Related Legal System About Bio-piracy Problem

The twenty-first century is the century of biotechnology. One of the characteristics of biotechnology is the great dependence on genetic resources. For the integrated effect of the vast territory, expansive sea area, long history and complicated natural conditions, China is rich in species of animals, plants and microbial, which forms the most complicated and polychrome zoology combination, and rich and colorful biodiversity. It makes China one of the twelve countries with most abundant biodiversity in the world. China has become a long term target bio-piracy country and born the damage from the bio-piracy because of its abundant genetic resources and the relatively laggard biotechnology. Therefore, there is no time to delay for the bio-piracy inhibition. This paper discusses the improvement of China's related legal system basis on the above problem.This paper is consisted of three parts. First part is a summary of bio-piracy. The writer chose a mature definition of bio-piracy to analyze the biology of bio-piracy and piracy character. In this part the writer introduced two classical cases to explain the need of our country to reject bio-piracy in time.In the second part, the writer analyzed the legal ways to reject piracy and the legislation actuality in China. This paper puts emphasis on the improvement of legal problem relative with bio-piracy, so the writer came straight to the point of legal ways to reject bio-piracy. First of all, we must establish the state sovereignty of our own genetic resources. Second, we must establish effective mechanisms of genetic resources access and benefit sharing arising from such access, including the improvement of related intellectual property rights. Through analyzing the legal actuality, including the uncertainty of state property rules on genetic resources, the blankness of law on genetic resources access and benefit sharing, the improvement of related law of intellectual property rights, and the above lead to the third part.The last part is the key part of the paper, especially establishing the special law on mechanisms access to genetic resources, and the sharing of benefits arising from such access is the core of this part. Through researching legislative process of mechanisms access to genetic resources, and the sharing of benefits arising from such access in our country and comparison and analysis with the legislative model of other countries, the writer gave some suggestion to the legislation of china. The proposal include the legislative intent, the aim, the principle, the application scope, national authorities, prior informed consent, mutually agreed terms, access to and benefit sharing and so on. At last the writer simply discussed the intellectual property rights about genetic resources and some international cooperation.