Intellectual Property Protection Of Genetic Resources In China

With modern science and technology play, especially the rapid development of biotechnology, bio-genetic resources, its own unique value, more and more attention to the countries. Genetic resources from the general sense, refers to those plants and animals, or microorganisms from the source at, for us humans, have a direct or indirect economic value or ecological value of the resources. As an emerging modern society, strategic resources, scientific research is carried out multi-material security, for our further sustainable development of human society to provide a more solid foundation. Science and technology in developing countries, especially the non-development of biotechnology, genetic resources of this area is not enough attention to genetic resources, more developed Western countries use. In the enjoyment of the genetic resources, such as China and other developing countries are often in a vulnerable position. Since China formally as a developing country, the level of enjoyment of biological and genetic resources conservation awareness is far less than developed countries, I consider this reality-based, select the protection of genetic resources as research subjects in order to serve our country's biological as a contribution to the protection of genetic resources. Body of the thesis about 2.5 million words, divided into four parts to the explanation of the paper.The first part of the biological genetic resources, the author is doing some sort of intellectual property protection. First, the level of international law on a number of biological genetic resources, intellectual property protection of international treaties brief moment. Second, comparison of countries, particularly developing countries, interest groups and interest groups in developed countries, different protection mode, I believe that most of the developing countries is to provide state of biological genetic resources, while developed countries are basically the enjoyment of genetic States. Group of developing countries and developed countries group as there are differences between the distributions of benefits, resulting in the formation of two groups conflict. Finally, China's IPR protection of biological genetic resources were some of the legislative status.The author believes that in 2010 China revised the "Patent Law" Article 5, paragraph 2, an increase of 26 patent applications when the applicant for the patent invention to be contained by the source of the problem of biological genetic resources to the new disclosure requirements. This is the protection of genetic resources is very beneficial, also shows that our government has begun to increase the protection of genetic resources to the legal level. The second part is to demonstrate that intellectual property protection of genetic resources of biological necessity and superiority. First, intellectual property protection for biological genetic resources, mainly in the need for the grant of certain intellectual property rights although some countries, domestic law consistent with, but the patent applicants who have neither the knowledge and resources to provide prior notice to parties and endorsed by, nor and the provision of benefit-sharing agreement reached between, so it is against the grant of two types of intellectual property protection of genetic resources and equitable benefit-sharing principles. Second, intellectual property protection of genetic resources is mainly reflected the superiority of the progress in biotechnology makes it means the use of genetic resources, fundamental changes have taken place, the use of new technology development and utilization of genetic resources is far greater than the economic interests of the traditional use patterns, knowledge property rights in this process has played a catalytic role in the increase of interest, driven by profit, developers have an incentive for more investment and research; genetic resources related to access to genetic resources, sustainable use and benefit sharing of many problems, need specialized the legal system of protection of genetic resources, access to genetic resources established procedures and legal mechanisms for benefit-sharing.The third part discusses the biological genetic resources is the way intellectual property protection. I believe that there are two ways:trade secrets models and patent applications disclose the source of genetic resources and their patterns. Trade secret protection of genetic resources model has limitations, the medical aspects of biological genetic resources, protection of trade secrets can be used model, but for the general protection of plants and animals in this model is difficult to protect. The patent applications disclose the source of genetic resources and their pattern to a certain extent, conservation of biological genetic resources, has a certain desirability.The fourth part is to improve our intellectual property protection of genetic resources of biological Legislation. I believe that from three to perfect the IPR protection of biological genetic resources, the legal structure. First is to improve the benefit-sharing mechanism, improve the benefit-sharing mechanism is established by the CBD in China to fulfill the basic requirements of the relevant obligations; improve access and benefit-sharing mechanism for the exercise of its sovereignty over genetic resources and the rights enjoyed by, and effective loss of genetic resources to curb long-term legal means; improve access and benefit-sharing mechanism is to improve the innovative capacity of China's biological industry, and strengthen the protection of biodiversity and sustainable use of biological resources important legal means. Second, to establish intellectual property rights of checks and balances. Intellectual property rights in China should be checks and balances to ensure access and benefit sharing of genetic resources shared equity. However, China also should be noted that the current intellectual property system in China and the industrial development of biotechnology has greatly promoted..Therefore, in order to China's development of biotechnology and its industry, set aside a certain space, the intellectual property system of checks and balances should not be too strict. Third, we must improve the protection of traditional knowledge. China's domestic legal system in improving also should strengthen the following two areas:to actively promote access to genetic resources and benefit sharing (including the protection of knowledge) in international legislation; continue to strengthen our access to genetic resources and benefit benefit-sharing capabilities.