Research On The Protection Of Patent Legal System Of Genetic Resources In China

Development of bio-technology, has brought great changes of human life, the value of genetic resources has been more recognition, protection of genetic resources have also entered the Law. Based on our vast territory, unique ecological environment and a long history of human activities, enjoy the unique genetic resources. With the continuous development and utilization of genetic resources, protection of genetic resources in various deficiencies gradually come out, the loss of genetic resources, the phenomenon of multiple, biopiracy abound. In this context, the paper of the genetic resources of patent protection of legal research and analysis system.The first part of the paper focuses on the basic theory of genetic resources and related concepts, analyze its definition, understand its meaning, through accurate definition of genetic resources discussed the importance of the protection of genetic resources. Secondly, the necessity and feasibility of patent legal regime for the protection of genetic resources to sort out, to understand the advantages of genetic resources, protection of the patent system, and finally the status of the legal protection of genetic resources to sort out.The second part of the paper pointed out that the legal regime for the protection of genetic resources in patent problems from for "biopiracy" behavior of the Patent Law is missing, and the Convention on Biological Diversity docking imperfect patent legal regime for the protection of genetic resources, supporting laws and measures not enough complete analysis of these three angles at the current legal regime for the protection of genetic resources in patent deficiencies.The third part of the paper, put forward the corresponding solutions of the problem has been found in the second part. The main measures for the improvement of the legal system and supporting other patent laws, finishing work to accelerate the acquisition of genetic resource database, and finally to do the legal regime for the protection of genetic resources in patent publicity.