Yunnan Biological Genetic Resource Protection Laws

Genetic resources as an important component of biological diversity. As an important resource, it is not only the precious wealth for mankind but also the essential factor for a country to maintain its development in both environment and economy. However, because of its imbalanced distribution and people's different developing ability on it.A huge number of biological diversity events emerged in recent years, which caused big economic losses for genetic resources owners. To regulate the biological diversity and take better advantage of genetic resources, a series of related legal issues are evoked. Including the access to and Benefit-Sharing of genetic resources, regulations on related Intellectual Property Right.Relevant international legal document has enacted provisions on above-mentioned legal issues. For example, the access to and Benefit-Sharing of genetic resources, related the protection of intellectual property are defined in "Convention on Biological Diversity". Signatory states are all formulating or have formulated protective laws for genetic resources. On one hand to perform their obligations referred in "Convention on Biological Diversity", on the other hand to avoid biological diversity and to provide legal basis for genetic resources'protection and utilization.Because of the geographical environment and climatic conditions varied, Yunnan province also known as the "kingdom of plants" and "Animal Kingdom", in the southwestern of China. But based on the author conduct a study on Yunnan biodiversity areas of the most representative one-Gaoligongshan, was found, although the protection of genetic resources in the biological field, Gaoligongshan biodiversity protection of genetic resources initially established a legal framework, whether at the national level or local level in Yunnan. However, the overall point of view from the provisions of these laws there are still a number of shortcomings and deficiencies. Primarily in the following areas: The existing legislation there is no specific legal protection of genetic resources and the existence of microbial genetic resources of the Legislative missing; Existing genetic resources protection and management system chaos; Specific protection of the existing system is imperfect; Inadequate protection of intellectual property rights support.Therefore, I suggest that legal improvement about genetic resources in Yunnan should based on the region's present conditions, related international regulations and legislative experiences. We Should take specific steps such as formulating regional protective regulation and administrative system in the reserve, building legal institution for Access to and Benefit-Sharing of Genetic Resources, strengthen Intellectual Property.