A Research On The Protection Of Genetic Resources And Related Traditional Knowledge

There used to be various and abundant genetic resources on the earth because of the numerous kind of species surviving after long-term multiplication, evolution and competition. However, in the last few centuries, the modern civilization of human society has made the global environment seriously destroyed and a great many of species in danger. The extinction of a species means not only than the extinction itself, but also the vanishing of its genetic resources. With the unceasing reduce of species and the increasing need of genetic resource for the rapid development of biotechnology, the developed countries wantonly plunder and control the biological genetic resource by means of their rich economy and technical strength. And the situation of losing genetic resources in China is so serious that it requires immediate protection. The traditional knowledge related to the genetic resource is also the core in people's daily life in developing countries. Thus, we shouldn't ignore the legal protection of related traditional knowledge. The structure of this paper is as follows: First of all, it starts with the cause of the research on genetic resource and the related traditional knowledge protection. The paper introduces several basic concepts including biological genetic resource, biological diversity and traditional knowledge. Then it analyses the related interest main body and the urgency of protecting genetic resource and related traditional knowledge. Furthermore, it discusses the biological genetic resource and the international legal protection of related traditional knowledge---The conflict and solution between the CBD and TRIPs agreements. In addition, some enlightenment is gained about constructing our legal system from the case of Australia and India. Finally, on the basis of the defect of our related legal system, this paper makes a tentative construction of the legal protection of the genetic resource and traditional knowledge, which includes Legal System of Intellectual Property, Benefit-sharing System and Risk Assessment System, and also some suggestions about management institution establishment and its functional distribution.