Research On Access To And Benefits-Sharing Of Genetic Resources

Genetic resources are the important component of bio-diversity, as well as the panhuman valuable wealth, which the huge value is becoming deeply known by the world. However, in the last several decades, because of the unbalanced distribution of genetic resources and the unbalanced development of biotechnology,"Biopiracy"took place again and again, making the genetic resources providing countries and their citizen suffer a lot in the course of the benefit-sharing in the exploitation of the genetic resources. China, as a big power of genetic resources, is also involved in this hard situation. This thesis starts from the analysis of the conception and characteristics of genetic resources, and then comes to the comment of the international treaties related to genetic resources and to the exploration of the issue of benefit-balancing in the access to and benefit-sharing of genetic resources. Finally, some suggestions on how to protect China in the access to and benefit-sharing of genetic resource will be made. The thesis is divided into four parts.The first part defines the genetic resources and its characteristics. The present thesis proceeded with the definition of genetic resources at first. On the basis of the comparison of genetic resources'definitions in the international organizations, some typical countries and China, the scope of genetic resources has been identified and explored. Afterwards, some characteristics have been introduced, such as, the continuity, non-renew ability, duplication and regional characteristics. Finally, the thesis comment on the"Biopiracy"brought by genetic resources, as well as the damage on these genetic resources providing countries."Biopiracy"may not only take the major responsibility of the deterioration of the bio-diversity in developing countries, impacting their sustaining utilization, but also invade their economic benefits, giving birth to the unbalance benefit-sharing of genetic resources.The second part concentrates on the comment of the existing international treaties relating to genetic resources. Prior Informed Consent and Mutual Agreed Terms established in the Convention on Biological Diversity (CBD) are introduced at first. The mechanism guarantees the economic benefits of the genetic resources provider, giving genetic resources comparatively perfect protection that a kind of" thing" should have. But this mechanism does not adopt the direct compensation system, the money these genetic resources providing countries get actually is used as a form of foreign investment on the biodiversity, other than a form of direct compensation .At the same time, having no detailed and constrained law makes it in fact lacks of the guarantee. In addition, CBD does not clearly claim the concrete situation and general items that Prior Informed Consent and Mutual Agreed Terms should adopt, nor mention the consequence of the nonperformance, which all leave to the domestic legislation. Then the essay introduces the International Treaty on Plant Genetic Resources for Food and Agriculture and explains three meanings contained in"Farmer's Right". The essay recognizes the contribution"Farmer'sRight"makes to guarantee farmers'economic benefits from the genetic resources they created, while it also points out that"Farmer'sRight"lacks of realization guarantee provided by legislation, which only can act as a value or moral promotion. Finally, the essay introduces TRIPs and other international treaties, and draws a conclusion: we should negotiate with all groups of benefits to arrive on a benefits balance on basis of international treaties regulation.The third part talks about the benefits in the course of interests-sharing of genetic resources. First of all, the author summaries the bodies involved in the genetic resources benefits-sharing system: provider of genetic resources; collector and preserver of genetic resources; research institution; researcher of the achievement and the person using the beneficiary of the research achievement. Then the essay analyses the benefits conflicts between genetic resources providing countries and receiving countries; genetic resources providers and transnational biotechnology companies; genetic resources provider and their nations. Finally, on the basic of the analysis above ,some suggestions about the choices of keeping the benefits balancing in the course of genetic resources exploitation and utilization are put forward: first, genetic resources owners may negotiate with the patent researchers to obtain some compensate or charge for the genetic resources utilization; second, genetic resources owners may require fee given by biotechnology companies; third, genetic resources owners may go on utilizing the genetic resources in the existing scope; forth, genetic resources owners may utilize the subsequent inventions based on the genetic patents for free or in a comparative low price. Furthermore, cultivating scientists for each other or providing other substantial may also be considered.The forth part of this thesis has a survey on the access to genetic resources and benefit-sharing. Firstly, it introduces briefly the natural status of genetic resources and alarming situation of use on them. Secondly, it makes a research on the current rules and regulations of protection on genetic resources of our country. The essay points out that the legislation of genetic resources of our country is an incomplete system which is lack of integrality, operability and internationalism. At last, the essay points out that China should strengthen domestic collection; preservation and study on genetic resources in the mean time make the domestic legislation accordant with international rules as soon as possible. China should integrating existing legislation and legislate Genetic Resources Law and establishes the system of protection on intellectual property, which should include making patent applicants of genetic resources bear the obligation of"Prior Informed Consent", adding the regulations of intellectual property's statutory license under the appropriate conditions. "Special Rights+ Intellectual Property Rights" of a comprehensive protection model enables China to make full use of its genetic resources and technological advantages to promote the economic development.