On Intellectual Property Protection Of Genetic Resources

The topic of this thesis is "Intellectual Property Protection of the Genetic Resources", and it begins with the basic theory of protection of the genetic resources. The first chapter basic meaning of the genetic resources is introduced and elaborate explanation of the difference and connection of the related notions are given. At present, people often mix up genetic resources with Biological Resources and traditional knowledge, Through analysis of this thesis we can see that the biological resources is greater than the scope of genetic resources, biological resources, including the extension of genetic resources. The genetic resources especially plant and animal species resources is often the artificial cultivation of genetic resources, traditional knowledge is often some physical and chemical carrier, is based on the latter to use the result. Then introduced the value of genetic resources, information, geographic characteristics, through the special attribute analysis of the genetic resources, foundation is laid for the legislation explore of the intellectual property of genetic resources.In the chapter two, premise analysis of the intellectual property protection of the genetic resources is made. Before trying to protect the genetic resources we need discuss the necessary and legitimate interest of the oblige using intellectual property. This paper analyzes the need for intellectual property protection of genetic resources, and from the the rights of labor theory and instrumental view of property disputes, and incentive mechanisms to consider, on the three aspects of intellectual property protection of genetic resources, the legal basis was discussed.Chapter three introduces the international advanced experience and related legislation of the genetic resources protection which will be very important enlightenment and lessons for us. Chapter four shows status of the genetic resources in our country and the protection from the present legislation. In fact, the existing legislation in the protection of the genetic resources is very weak, and the only provision for the use of some guidance. And most of the legislative provisions of genetic resources is too principles, lack of a comprehensive genetic resource management law, can not take protection on genetic resources effective.The last chapter is the key part. Feasibility analysis is made about using the existing intellectual property system to protect the genetic resources. and the feasibility that the existing intellectual property rights in patents, trade secrets and geographical indications can be used both to genetic resources protected, while the existing legislation for the protection of genetic resources, shortage of proposed improvement of the corresponding measures, such as improving the existing laws on the protection of genetic resources, as well as from other countries of genetic resources to build the appropriate intellectual property rights specific legislation, while, in the right the collection of genetic resources, protection and utilization of genetic resources through the establishment of a dedicated database, and further establish the benefit-sharing of genetic resources, mechanisms to enhance the protection of genetic resources, and it will be an important way in the future.