Analysis On The Case Of Access To The Plant Genetic Resources And Benefit-sharing

The 21st century is the century of biological technology, biotechnology will replace information becomes the backbone of economic industry in the world. In biological technology age, anyone who masters the earth limited genetic resources, who can be achieved the initiative in biological economic development. Since the 20th century, the biopiracy case appears ceaselessly, such as Ayahuasca case, South America Quinoa case, Turmeric case, India Basmati case etc. but the biopiracy case of the Genetically Engineered Soybeans (GES) of Monsanto Co. happened in our country, bringing enormous losses for our country. Therefore, how to make genetic resources bring benefit for our people is an urgent problem to be solved.This article begins with the biopiracy case of the GES of Monsanto Co., bringing this thesis-the case analysis of Accessing to and Benefit-Sharing (ABS) of the plant's Genetic Resources (GR). Firstly, the author introduces the genetic resources situation of Chinese plant, tell the reader what is the plant's GR, and analysis to identify the legal status of the plant's GR. Further, the author carries the object of the ABS of GR, subject of the ABS of GR, and the right content of the ABS of GR on the comprehensive analysis. At last, from the legislation mode and contract mode starting considering the present situation of the legislation ABS of the GR, referring foreign legislation experience, the author offer a proposal to perfect of the system of the ABS of GR. The Key of this paper is how to establish and perfect our country's genetic resources benefit-sharing system. Choose case analysis Angle to study our plant genetic resources benefit-sharing system is the innovation of this paper. Previous studies of study is the theoretical case, which is lack of effective support.