The Research On The Intellectual Property Rights International Protection Of Genetic Resources

With the trend of economic globalization being increasingly clear,the International rules of intellectual Property rights(IPRs) are facing profound changes. For a long time genetic resources have been considered as the common heritage of mankind.The developed countries free use genetic resources mainly from developing countries,and gain enormous economic benefits through IPRs.on the other hand,genetic resources have been excluded from the system of IPRs,so the developing countries can not benefit from the interests from the following research and development on genetic resources,but subject to the constraints of IPRs.To counter the obvious advantages of developed countries in the field of IPRs,the developing countries propose genetic resources be protected.However,there are still some problems.Is the proposal of developing countries reasonable and legitimate? And how can we protect genetic resources? In this thesis,in order to answer these questions,there is an urgen need to put forward that genetic resources deserve protection under IPRS system,and discuss the legitimacy of the protection. Because this is a sensitive topic involving national and state interests,it may face opposition and resistance from developed countries.meanwhile,there are no mature practices and international rules can be learnt from,we need to explore forward.The thesis begins with discussing IPRS Probles in genetic resources protection,and analyzing the issue of IPRs protection of genetic resources oninternationallevels.Then it unveils the contradictions and divergence on Protecting genetic resources between developed and developing countries,and explores success and failures of the current Practice and Probes in Protection of genetic resources. The author calls for changing the current system of IPRs so as to protect genetic resources in its frame work.Finally,based on analyzing the conservation status of Chinese genetic resources, the author makes some suggestions for legislation to protect genetic resources through IPRs.