Intellectual Property Issues Research On China's Lawmaking Of Human Genetic Resources

The protection of human genetic resources and intellectual property regime have very close ties with the social progress and development of biomedical technologies. The significance of human genetic resources is increasing .In China,the use of intellectual property protection as well as sharing of the benefits of human genetic resources is an important issue.In the first part, this paper describes the relevant international ethical principles and declarations related to access and benefit-sharing of the human genetic resources, Such declarations and statements constitute the the ethical basis of human genetic resources access and benefits-sharing.The use of human genetic resources should abide by the principles of ethics. usually in the distribution of benefits of consultation used by way of licensing and distribution of benefits agreement.Propose "The international biological system of genetic resources" should not apply to the human genetic resources access and benefits sharing, but distribution of carrying out the interests of consultation can learn the relevant principles and forms.The second part legally analyse the issue of human genetic resources, such as the attribution of ownership,reliance on genetic resources of the ownership of intellectual property rights, and intellectual property rights in human genetic resources, benefits sharing in the role of human genetic resources and benefit-sharing in the economic and legal theory,including the relevant people to share the theory of sustainable development theory.The third part presents the human genetic resources management, including the sharing of genetic resources, establishment of the database of genetic samples of the United States and India on the transfer of contractual benefit sharing of genetic resources mandatory.Pointed out that the way our country can learn from, By introducing the use and management of human genetic resources, sharing of human genetic resources, the distribution of research interests, pointing out that today's system focuses on the process of international exchange and cooperation in the protection of national and collective interests.Finally, about our human genetic resources management, propose specific procedures should be refined and standardized, the relevant provisions of patent law convergence, while the should pay attention to use different way to the distribution of benefits.