The Conservation Of Agricultural Genetic Resources By Legal Methods In China

With the rapid advances of bio-techs and the increasing demand on bio-genetic resources, the identity of these recourses in the international community has shifted from the public objects to the warranted component of a nation's sovereignty. Currently, owing to the sluggishness of the concerning law at home and abroad, China's agricultural genetic recourses are seriously undermined, which exerts an indirect impact on China's economy and the development of China's techs.Based on the data collected from the information center of Chinese Academy of Sciences, the www networks, the CNKI database and the database of the State Patent Bureau, this dissertation, by conducting detailed analyses and dual-comparison of China's and overseas practices, endeavors to work out certain effective methods for an all-round protection of China's agricultural genetic resources in accordance with laws.From the perspective of the Treaty of Creature Diversity and the concerning articles in TRIPS, this dissertation analyses the differences between the two treaties and summarizes the tendency in the law-based protection of genetic resources in the international community. Then, by briefing the concerning achievements scored by the developed countries and the inferiority of the developing countries in this regard, this dissertation makes it clear that there is an enormous conflict of interests between the developed and developing countries and puts forward a interests-shared pattern with view of handling the conflict. In the mean time, this dissertation points out somedrawbacks in the contemporary pattern by offering this author's original thoughts. Further, this dissertation holds that the developing countries should make use of the sovereignty principle and the being-informed-ahead principle to control their own genetic resources, it also provide advice for the developing countries as to how to play their own parts in the process of obtaining the genetic resources and participating the interests-shared pattern by making use of intellectual properties. Overall, this dissertation maintains that the countries concerned should adhere to the equal-share principle confirmed by the Treaty of Creature Diversity improve the multi-lateral system and enhance the awareness of the value of agricultural genetic resources.On the basis of a summary of China's achievements in the protection of agricultural genetic resources by law, this dissertation sheds a light on the drawbacks in China's existing laws and regulations. Compared with India, China is to some degree left behind in terms of the lawmaking and the modes of protection, which calls for an urgent need in modification and improvement.Finally, considering the current situation in the concerning lawmaking in China, this dissertation proposes contents about trying to find out the unilateral and bilateral measures available for a agricultural genetic resources protection without violating the international obligation under two widely approved conventions namely TRIPS and CBD and a plan on the protection of agricultural genetic resources by law for the sake of a sustainable development in China's agricultural genetic resources.