On Legal System Construction Of Biological Genetic Resources

This article discusses the requirements and protection for Biological Genetic Resources.The development of Biotechnology has made challenge to protection of Biological Genetic Resources.And the Biological Genetic Resources had been one of the most important topic for discussion recommended by WIPO.This article is consisted of three parts.First,analyzing the definition and characteristics on Biological Genetic Resources,then discussing the delimiting about Resources' carriers and its habitats.In second part,the article generally discusses the international laws and practice of protecting of Biological Genetic Resources.Laying stress on the three principles of CBD and the Farmers' Right.In third part,the article generally analyzes the law and practice of protection and using of Biological Genetic Resources in the United States,Indian and Costa Rica, which constructs the whole paper in two parts:"Legal system" and "Administration system".In the last two parts,the article discussing China's problems and existing circumstances of Biological Genetic Resources.And putting forward proposals on the construction of China's Biological Genetic Resources in two aspects:"Legal system" and "Administration system"In conclusion,industrial application,inventive step and sufficiency of disclosure requirement for the requirements and protection for Biological Genetic Resources are higher than before.