Study On Legal Issues Concerning Benefit Sharing Of Biogenetic Resources

21^st century is the era of biotechnology that the value of biogenetic resources draws so much public attention. Developing countries, which possess abundant biogenetic resources, sustain enormous financial losses, as developed countries explore biogenetic resources of developed countries gratuitously by taking advantages of their advanced biotechnology, and then resell their products to the developing countries under the protection of their powerful system of intellectual property. During this unbalanced process, developing countries are irritated and claim to have a share in biogenetic resources exploring in order to change the unbalanced status quo. For this reason, the issue argued in this paper comes into focus.The main body of this paper is about 50,000 words, besides preface and conclusion, including 5 parts, namely, summarization of biogenetic resources, the foundation of benefits sharing of biogenetic resources, the rationality and feasibility of the benefit sharing of biogenetic resources, the construction of biogenetic resources right, legal safeguard mechanism of benefit sharing of biogenetic resources, legislation recommendation of benefits sharing of biogenetic resources.In the first part, the notion and characters of biogenetic resources were analyzed. Moreover, the characters of biogenetic resources were focused, as which had an influence on the pattern of legal protection and the disposition of right construction for biogenetic resources. While the value and international legal status of biogenetic resources was introduced.In the second part, the justification of the biogenetic resources benefit sharing was discussed on the basis of the justice theory and stimulation theory. Based on which the necessity and feasibility of the biogenetic resource property protection was analyzed in this part in detail.In the third part, the construction of biogenetic resources right was analyzed and demonstrated exhaustively. The construction elements were designed and demonstrated in three angles, namely, the subject, the object and the content of biogenetic resources right. Then, a brand new disposition and actualization mechanism of the right were analyzed. As the core of this paper, this part presents the indemnification of property and identity recognition for the owner of biogenetic resources in the benefit sharing procedure. In the fourth part, the legal safeguard mechanism of benefit sharing of biogenetic resources was analyzed and demonstrated in detail in five aspects, namely, registration of right, prior informed consent, mutually agreed terms, benefit sharing, national capability construction.In the fifth part, the serious practice and legislation crisis that biogenetic resources may confront were introduced by the status quo of our national biogenetic resources protection. Grounded on the analysis of status quo, several legislation recommendations for the benefits sharing of biogenetic resources were proposed according to the national conditions and requirements.