Study On Access To And Benefit-sharing Of Genetic Resources

Along with the progress of science and technology, human has expanded its exploration on the nature to many new areas, one of which is the research and utilization of genetic resources. Genetic resources is a crucial component of biodiversity. Hiding behind the genetic resources is the treasure with immense value, especially in agriculture and medicine industry. The worldwide distribution of genetic resources is extremely disequilibrium. The twelve countries which have richest biodiversity are almost developing countries. Developed countries own advanced biotechnology. They do a lot of research on genetic resources, and use intellectual property rights to protect the fruit of such utilization. The provider of genetic resources, usually the developing countries, gained noting from such utilization, and lost motivation in protecting genetic resources. In order to resolve this problem, the"Convention on Biodiversity"has established the mechanism of access to and benefit-sharing of genetic resources (ABS mechanism).This thesis begins with the introduction of the concept, characteristic, and legal status of the genetic resources, and then analyzes the mechanism of access to and benefit-sharing of genetic resources systematically. Based on the introduction of the international legal regime, national legislation and experience in practice, this thesis discusses the specific systems the ABS mechanism should contain, and how to deal with the relationship with intellectual property system. Finally the thesis proposes some suggestions on how to establish and perfect ABS mechanism in our country. This thesis is composed of four chapters.Chapter one is the overview of genetic resources. This chapter discusses the concept, and characteristic of genetic resources, and then analyzes the legal status of genetic resources. For the reason why we protect genetic resources, this thesis raises two reasons: one is to maintain ecological justice, and the other is to protect human rights. Finally this chapter introduces the current situation of genetic resources and the problem we face in its protection. Chapter two is the mechanism of access to and benefit-sharing of genetic resources. First this chapter introduces the background, concept, importance and legal relations of ABS mechanism. Second this chapter makes a comprehensive introduction of legislation of ABS mechanism, which includes international legal regime, national legislation and experience in practice. At last, this chapter introduces the latest progress on ABS mechanism, which is mainly the related work of the Ad Hoc Open-ended Working Group on Access and Benefit-sharing, and the draft protocol published in the Working Group's ninth meeting. The draft protocol is"Draft Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the Convention on Biological Diversity".Chapter three is the legal issues on ABS mechanism. This chapter discusses the mode of national legislation and specific systems of ABS mechanism. The systems include Prior Informed Consent, Mutually Agreed Terms, Disclosure of Origin, and Benefit Sharing. This chapter also analyzes how to properly deal with the intellectual property system.Chapter four is the suggestions on the establishment and perfection of ABS mechanism in China. First this chapter introduces the current legislation in China. Second this chapter analyzes the problems of the current legislation. Third this chapter proposes suggestions on how to establish and perfect the ABS mechanism in China. Finally this chapter raises some advises on how to promote the formation of the international legal regime of ABS mechanism.