Study About Intellectual Property Protection Of Genetic Resources

Genetic resources attached the countries because of its enormous real and potential value , the "bio-piracy" was given further impetus by the emergence of developing countries which called on the international community to give the protection of genetic resources. The core values of genetic resources is intellectual property rights which is generated in the process of utilization of genetic resources, and this interest was almost exclusively in developed countries. As a sovereign state and the country of origin of genetic resources or to provide the country, developing countries has not been derive their rights for a long time, especially intellectual property rights.Therefore, how to implement the intellectual property protection of developing countries in the process of the use of genetic resources has very important meaningfulThe purpose of this writing is that through the existing international, regional and national legislation to achieve the study found that enabling intellectual property protection system of developing countries in the process of use of genetic resources, and through the establishment of related systems to achieve this goal.Through the study of the existing international, regional and national legislation, this paper come to the following view:First, intellectual property protection of the genetic resources is an important content in international, regional and national legislation.Second, the prior informed consent and consultation system is the protection system to achieve intellectual property protection of the genetic resources in access to genetic resources and benefit-sharing.Thirdly, through the establishment of a multinational joint-minded institutions, setting up a franchise company and seek to build an international system related to intellectual property protection of genetic resources to better achieve intellectual property protection of genetic resources.As the characteristics of data collection and the reasons for writing the article, this article mainly uses the following research methods: First, the literature and research methods. This collection of a large number of legislation relating to genetic resources, including international legislation, regional legislation and national legislation.Second, the analysis of an integrated approach. Through a comprehensive analysis of the relevant legislation found that the legislative similarities and differences.Third, the inductive method. Important system of legislative norms be summarized, focusing on research.Fourth, the analogy method. Proposing the response is by the analogy of the international legislation and regional legislation related to genetic resources and company law made by the relevant content.