Research About The Patent Protection For Genetic Resources

With the development of the biotechnology, the genetic resources are more and more important. The protection for the genetic resources has received much attention in international society. The lack and asymmetry of distribution of genetic resources make the gain and protection of the genetic resources different in different countries. How to balance the interests of the developed countries and developing countries as well as protect better the genetic resources is the hot topic people are interested in. Under this background, this paper studied the patent protected system of genetic resources.First of all, the current situation of the domestic genetic resources is studied with the analysis of the definition of the genetic resources as well as the national conditions. The methods for the protection of genetic resources in international society are also analyzed. The feasibility and advantage of using patent system to protect the genetic resources is developed with the analysis of the advantage and disadvantage of the methods for protection. At the same time, the international legislation about genetic resource is focused on, and the useful part for our country is picked up to facilitate the development of the legal protection for genetic resources in our country. Second, the disadvantage of the patent system protected genetic resources in our country is analyzed.At last, the ideas to develop the patent system protected genetic resources in our country are developed after the analysis of the domestic and international legislation about genetic resource. The ideas consist of extending the patent award, limiting the cognizance of current technology, perfect the shared system, making the resource open as the seperated part in patent authorization. Finally, we want to protect the genetic resource in our country and use optimally through the development of legislation of the patent system protected genetic resources in our country.