A Study For The Contractual Agreements Access To Genetic Resources And Benefit-Sharing

The protection and utilizing effectively of Genetic Resources is the inevitable choices for various countries to develop scientific and technological strength, protect the biodiversity and security of living beings. Less developed countries particularly pay attention to the benefit-sharing of Genetic Resources. There is still not an unified Genetic Resources benefit-sharing mechanism in the world at present. The situations of three kinds of mechanism tripartite equilibrium exist mainly: World consults , contract (agreement ) , the country legislation. among which, the contractual agreement is looked as the most useful tools for the benefit-sharing of the Genetic Resources. The Contractual Agreements Access to Genetic Resources and Benefit-Sharing is more spontaneous to produce, With the work of WIPO and CBD, and with the practice in various countries, the contract is becoming a important law tool for many international organization and various countries'research institution or enterprise using Genetic Resources and assigning relevant benefits. The Contractual Agreements Access to Genetic Resources and Benefit-Sharing is subject to "contract law "of various countries. It is a new type of "nameless contract". The adjustment way that can consult the most similar famous contract is adjusted. This contract can be divided into four kinds, among which the most important thing is "the material transfer agreement (MTA)".The contract have its own peculiar characteristics in subject , object , rights and obligations and dispute mechanism. International organizations at present devoted to building the database of the contracts and the study of the model contracts. They hope to summarize the universality principle or guideline for using this contract. With the comparative study for the model contracts and the summarizing of the experiences and the analyse of our country's actual conditions of using the contract, we can constitute the contract's guideline of our country and suggestions on the correlative legislation of the access and benefit-sharing contracts. Generally speaking, we should clarify the subject, fully consider all the problems in the process of the negotiation consult. According to the current situation , bio-diversity protection and current situation of environmental protection of the biological technical development of our country, we should select the long-term type that can bring about an advance in biotechnology of our country , maintain the bio-diversity and security of living beings for use to favour benefit of the contract.