Genetic Resources Legal Protection

The mankind has already entered the gene for ages; genetic resources that the resources become the creation wealth. But, under with《Agreement on Trade-releted Aspects of intelligent property rights》for the corpus of the international protection frame of intelligent property right, the developing country genetic resources be" legal" depredation by the flourishing nation. The " the gene pirate" behavior of the flourishing nation make developing country's the heredity resources that the oneself can make use of less and less. And on the earth of biological resources also along with mankind's society for the genetic resources the need continuously increases, meanwhile, the genetic resources gradual decrease. Now, all countries also aware of the biological resource's important to mankind's society. For this, to obtain the condition of the genetic resources, uses the benefits of the genetic resources, are all very important problems.This paper passes the introduction to the genetic resources obtains to share the basal research of law and practice to all countries lawmaking with benefits. The international organization has already obtained the result, inquiry into the genetic resources to obtain to share the focus of the cause, background, antinomy of problem and resolve the viable frame of this problem with benefits, and carry on the analysis to related genetic resources protection of the our country, to expect the lawmaking that is relevant to the our country to provide some worthy references.This text is divided into five parts:The first part: The genetic resources related to the intelligent property right benefits sharing problem. This part elaborated genetic resources in now and the future economy developments of the depredation developing country of the important position and flourishing nation inherit" the gene pirate" behavior of the resources, discuss the genetic resources to run off the damage toward the developing country seriously, derivation genetic resources obtain to share the problem with benefits.The second part: Currently, involve inheriting the protective international treaty of the resources law a lot of. This part main discusses of a few main international conventions and makes the introduction and analyses the international law of resources protection. Meanwhile, this part elaborated the law protection present condition, and as to it's carried on analysis, summary.The third part: The genetic resources obtain with the intelligent property right protection within the benefit sharing. In recent years, along with the development trend that the intelligent property right protects the globalization and turns strictly, the intelligent property right conducts and actions carry out the means that the fair and reasonable benefit of shares the target to be pay attention to by people more and more. Therefore, we have the necessity to and the heredity resources intelligent property right, intelligent property right concerning is in obtain with benefit of share of function, main international law document of position carries on elaborate, and analyze the plan that developing country reply. Owing to intelligent property right and the heredity resources protection of special relation, this part this carries on the specialized treatise.The Fourth part: The control modes of genetic resources obtain and share with the benefit. This part adopts the behavior rules to the one who make use of inherit the law frame and rules that the resources obtains to share the aspect with benefit of to carry on the public laws mode of the control;(2) make use of the current private method frame to the genetic resources obtain and benefit sharing carries on adjust of private method mode;(3) pass the benefits related with voluntarily the guidebook carries on the regulatory self-discipline mode.) These three kinds of control modes carry on the investigation; the place of the background, condition and its good and bad that detailed analytical various modes apply, to expect some regulation understanding of.The fifth part: Protective thinking of resources of heredity of our country. This part to our country of related heredity resources protection carry on analysis, to expect to the country relevant of lawmaking provide some worthy references.