Source Of The Disclosure Requirements Of Genetic Resources In The Patent Law

In recent years, with the gradual advanced use of genetic resources in the breadth and depth,genetic resources play an increasingly important role in the human production and life, even affect the future of the world economy. However, genetic resources are very unevenly distributed around the world, developing countries that have most of the world's genetic resources,the technologically advanced countries of genetic resources are relatively barren. View of the genetic resources of great value to humanity, and in order to control the world's future economic, technologically advanced developed countries steal genetic resources of developing countries through various means, and patented their R & D results for high interest,providers of genetic resources which are not of any interest. When use their genetic resources, they have to face the patent barriers of the developed countries. So how to stop "biopiracy", protect the legitimate interests of providers of genetic resources and rationally use of genetic resources has become a hot topic in today's international community. This is the starting point of my paper , taking into account many countries provided biotechnology of using genetic resources as patentable subject matter,analyse the feasibility of the patent system to protect the reasonable use of genetic resources and the protection of the interests of providers of genetic resources, discussed in depth the current patent law in China to increase the protection of genetic resources and related provisions of some of the issues. Whole article is divided into three parts: introduction, body, conclusion.Introduction describes the causes of this writing, to lead to the body of the article.Body formed by three Chapters: The first chapter elaborate the definition of genetic resources, its commercial use and great economic value of genetic resources, cite two examples of biopiracy, raises legal issues and the legal thinking of how to resolve these issues.The second chapter provided the defensive use of patent law: Require disclosure of origin of genetic resources, as a means of feasibility for reasonable commercial use of genetic resources and equitable benefit-sharing, introduced the overview of relevant international conventions and national,regional's law of obligation to reveal the source of genetic resources in the patent application process.The third chapter is about disclosure requiremens of the source of genetic resources in the Chinese patent law , including an overall assessment of the system, comments on the articles themselves, assessment of elements of this provision and giving some suggestions, finally, we stressed China should actively promote the amendment of international treaties, increase the terms of requiring patent applicants to disclose the source of genetic resources in the patent application process, enhancements the unity of the patent system in the world , This will ensure the maximum role of the Patent Law of China to balanced the interests between those who use the genetic resources and those who provide genetic resources.