Further Exploration Of China's Legal Protection Of The Right On Genetic Resources

This paper put discussions around the legal protection of genetic resources which under discussion at present in our country but has long been discussed overseas. PRC Patent Law (3rd Revision) issued in 2008 made genetic resources become a hot topic, and the idea on it differs from one person to another, and it also attracts so much of my attention. Therefore I prepared some of my opinions in this paper from five aspects as follows.First, definition refers to the scope of legal protection of genetic resources. This part focuses on the following issues from two aspects: 1) Why human genetic resources are included in our Patent Law with regard to protection of genetic resources, and other relevant issues need to be noticed; 2) The relationship between traditional knowledge and the protection of genetic resources. Since such issues which have not been determined are often mentioned by academics in their discussions refers to protection of genetic resources. And the first aspect is the key point in this part.Second, the legislation of international organizations refers to protection of genetic resources. This part focuses on the issues refer to the legislative development, questions still pending and enlightenment to the legislation of our country of such international organizations as COP, WIPO, FAO and WTO in tabular form. Third, the legislation of foreign countries refers to protection of genetic resources. This part put some GR-rich countries including but not limited to India, South Africa and Brazil into discussion in tabular form, from legislative form and content respectively. And pave the way of the following two parts.Fourth, analysis and status quo refer to legal protection of genetic resources in China. This part is the key point of this paper, and introduced by the"Bean Case". Then put China's specific methods of legal protection of genetic resources in order chronologically, and analyze respectively. Among them, the Patent Law and its Implementing Rules and the Guidelines for Patent Examination 2010 are the key points. Furthermore, summarize the characteristics of China's legal protection of genetic resources and analyze on the issues of disclosure of origin of genetic resources ask for more consideration, which pave the way for the following part.Last but the most important, further improvement of China's legal protection of genetic resources. This part is the core of this paper. And I get the idea that the protection of genetic resources requires special legislation through the discussions above. ABS system is spirit of special legislation, whereas contract negotiations are the core of ABS. This part put forward suggestions on further improvement of China's legal protection of genetic resources as follows: 1) The special legislation of protection of genetic resources requires to be issued as soon as possible; 2) The capacity-building of ABS contract negotiations requires to be put on the agenda; 3) Other relative suggestions.In the end, I come a conclusion on the protection of genetic resources is a common topic of all mankind and it calls for a unified international mechanism based on mutually beneficial cooperation of GR-rich countries and countries with well-developed biotech. Additionally I make prospect of the coming COP10 and place great hopes on PRC Bio-Safety Law and PRC Protection of biological and genetic resources regulations.