Research On Rights And Interests Protection Of Genetic Resources Providers

Since 1980s ,developed countries and developing countries have been debated heatedly about the protection and commercial use of genetic resources .In order to respond to common challenges that human is confronting , international community have taken legislative measures actively, and adopted Convention on Biological Diversity and International Treaty on Plant Genetic Resources for Food and Agriculturea .Since then ,access to genetic resources and benefit sharing (ABS) has become one of the core issues that above international legal instruments regulates. Meanwhile , provider of genetic resources and their attednant rights protection has become a mational legal documents problems that is confronting, to achieve the above goals established international legal documents , nationals legislations should be have play a more positive role on access to genetic resources and benefit sharing in the implementation , accordingly, the need to analyze the problems of China's current legal problems related to genetic resources, as well as existing providers of genetic resources and their rights and interests of the legal defects of protection appropriate to improve and perfect..The article address the following problems: (一)China have not special legislations for genetic resources ; (二)China have not legislations for the genetic resources rights;(三) The existing legislation in principle , dispersion and administrative mainly. To solve these problems, the article considers the practical problems of our national legislations about genetic resources and protection of providers rights , analysis and discussion detailed mainly from two sides about the"access"and"benefit sharing"of the genetic resources , and puts forward the definition of genetic resources owners , and some assumptions about the establishment of our genetic resources and protection to the rignts of providers specialized legislative and other sectors on the combination of Layer-style legislation to protect deliverly model , this article consists of introduction , conclusion and five parts .Introduction elaborates generally the backgrond , progress and condition of the genetic resources and providers rights protection international legislations, reveals the defects and problems about this facts , and the trends , needs of genetic resources and providers , and illustrates the facts that how to protect . finally , put forwards the assumptions about the establishment of Layer-style legislations according the practical problems.Part 1 introduced the legislative of genetic resources of Chinese and discussed legislative providing protecting of the rights situation and issues , and the relationship between both described and simple assessment of Chinese administrative regulations , the revised patent law about the providers of genetic resources , and put forward the practical problems.Part 2 introduced the principles and elements of the international and foreign legislations in this area , and analysis of the legislatyve system from the"access"and"benefit sharing"two aspects , pointed out that Chinese lack of legislative situation and proposed for some assumptions .Part 3 discuss the need protect of genetic resources and interests of providers in China .with the economy developted ,population growth , increasing demand for natural resources, genetic resources research play to a direct role in the development. And prevent loss of genetic resources .Part 4 considering the practical problems of China about legislatives of genetic resources , and put forwards to the ideas of legislation , and described the reasons in detail . As the CBD Convention only provieds for the principle of national sovereignty , does not provide the relevant state property . Based the practical condition of Chinese legislation about the owners of genetic resources , the article put forward about the establishment of legislative system of China and can be classified into three categories in the future legislation : state , collective organizations and individuals .Part 5 analysis how to protect the providers of genetic resources from four aspects . Proposed the establishment of special legal , other sectoral laws , expanding the object of patent law and trade secret to protect . Based on legislation practical , analyzed the principles and core objectives of the Convention by from the"access"and"benefit sharing", and how to implement in China . For the United States advocated a"contract"and Australia"agreement"for the system of access to resources . and to analysis and assessment of their essentially similar . On this basis , proposed to draw this countries beneficial practices , wish to take"contracts"and"agreement"system , in particular India in benefit sharing legislation , to form Chinese special legislation to protect the rights and interests of genetic resources and providers . Presented in the"Property Law"and"Contract Law"to protect . In concludes , the rights and interests of genetci resources and providers which in the special regulations with other laws to protect , which formation delivery combines legislative protected mode .