Intellectual Property Protection Of Biological Diversity

Biological diversity, which means all kinds of biology as well as genes they contained and the integration system formed by the mutual-effect of biology and the environment, is the material basis of the existence and development of human being. In recent years, the intellectual property protection of biological diversity is becoming one of the research hotpots in the international environment law and the intellectual property fields.The international document Convention on Biological Diversity contacted the intellectual property system with the conservation of biology for the first time. The convention establishes the basic principles of the intellectual property protection of biological diversity, endues the country that provides the genetic resources with the right of prior informed contenting and the right of equitable benefit-sharing, endows the indigenous and local communities with the right of traditional knowledge. The main models of intellectual property protection of biological diversity include patent, business secret, disclosure of places of origin of genetic resources and traditional knowledge, plant variety protection, copy right and so on. The main subjects of the rights comprise counties providing genetic resources and traditional knowledge, foreign institutes and companies researching in biological diversity, indigenous and local communities, plant breeders. It also relates to some interested parties, such as countries importing genetic resources and traditional knowledge, farmers, the intermediary agencies working on developing and utilizing biological diversity.The necessity of conserving biological diversity by practicing intellectual property is determined by the close mutual-boosting relationship among the genetic resources, related traditional knowledge...