Research On The Legal Protection Of Genetic Resources

In the recent several hundred years, as human rapid development of modern civilized society, the destruction of global biodiversity is becoming more and more serious. Especially after the developments in biotechnology, people knew the genetic resource which contains giant commercial value gradually. That made global ecology getting more and more serious, which accelerated the extinction of the species. Because of the contradictory between the uneven distribution of genetic resources and the uneven development of biotechnology, developed countries, which had advanced biotechnology and rare genetic resources, wantonly plundered genetic resources which belong to developing countries. Included our country, many genetic resources which belong to undeveloped countries drains seriously, so every state needs to strengthen the protection of genetic resources.The dissertation firstly makes research on the origin , concepts and the importance of the genetic resources' legal Protection. Secondly, the author discusses the international legal protection of genetic resources, and analyzes the conflict and solution between the CBD and TRIPs agreements. Then, some enlightenment is gained about constructing our legal system from the legislative about genetic resources of India, Brazil, Australia and Costa Rica. Finally, on the basis of the defect of our related legal system ,this paper makes a tentative construction of the legal protection of the genetic resources, which includes Declaration national sovereignty rights, Establish benefit—sharing System, prior informed consent and Perfect intellectual property rights legislation.