Research On The Genetic Resources And Its Access And Benefit-Sharing Mechanism

"Genetic resources" refers to the resources from the human body, animals, plants or microorganisms with actual or potential value and genetic functional unit. In food, health, energy,environmental and other aspects, genetic resources plays a big role, so with the rapid development of biotechnology, genetic resources has becoming more and more important for human beings and socio-economic sustainable development. Genetic resources has great scientific value, it is one of the key elements of the research of biological science and technology breakthroughs. Besides, Genetic resources also has significant economic value in business, so it's also strategic materials for economic development. In such situation, more and more countries pay great attention to the development and utilization of genetic resources, so the Access and Benefit-Sharing(ABS) of Genetic Resources must be considered in legal aspect, in order to realize fair in gaining methods, and to balance the profits arising from the utilization of resources between the users and providers.Currently, Access and Benefit-Sharing(ABS) of Genetic Resources has formed a certain scale, such as "Convention on Biological Diversity" and "United Nations Convention on the Law of the Sea" by United Nations, " Agreement on Trade-Related Aspects of Intellectual Property Rights" by the World Trade Organization, and "International Treaty on Plant Genetic Resources for Food and Agriculture" by United Nations Food And Agriculture Organization have related terms. Except those international convention, some regional international organizations also have comprehensive legal regulating measures, such as the Andean community, the African union, the association of southeast Asian nations and the European Union. In addition, the United States, Peru, India and other countries also have formed their domestic adjustment mechanism on ABS.China is abundant in Genetic resources, so constructing ABS in China will be helpful for us to protect our rights, to consolidate our trading status, and also to improve our protection level of biodiversity. At present, the relevant international treaties we attended provide the international standards for the construction, and the domestic law system also provide a legal basis. Besides, emerging genitic technologies and the close attention paid by our country also provided the social and knowledge foundation.