A Study On The Patent Protection Of Genetic Resources

With the development of biotechnology, the value of genetic resources is more and more important. The conservation of genetic resources became the social hot-topics all over the world. Genetic resources is scarce and maldistribution. The different countries have different emphasis on the conservation of genetic resources. In the international negotiations, it is focus on how to balance interests between the developed countries and the developing countries. In this background., this article study on the conservation of genetic resources in patent system.At first, the article is analysis on the definition of genetic resources. It defines the intension of genetic resources by distinguishing the different definitions from different international organizations. On the basis , the article analysis the characteristics and the legal status of genetic resources .Secondly, the article discussed the different protected mode in the international society. On the basis, the article proposed the possibility and advantage of the protection in patent system..Third, the article gives a concrete exposition of the patent rights related to genetic resources. It proposes the subject and the object of patent rights related to genetic resources. Combined with the typical cases, the paper gives an analysis on the defect of present patent system.At last, the paper gives some advise of the patent protection related to genetic resources according to the patent system in our country.