Genetic Resources And Benefit-sharing Laws System

With the developments in modern biotechnology, genetic resources known as "Green Gold" have taken on increasing economic, scientific and commercial value. Due to its great potential value, legal issues arise from benefit-sharing of genetic resources, including the ownership of genetic resources from that of property for all mankind to that of individual country natural resources; the broad or narrow concept of genetic resources; and the way to achieve benefit sharing. Firstly, the thesis analyses the diversity of genetic resources benefits. The classification of benefits is more scientific, because it can avoid the exhaustive enumeration.Secondly, the thesis focuses on the legal relationship of benefit-sharing. The principal part of benefit-sharing is multiple: the supplies of genetic resources, the research institutions and relevant international organizations. Taking account of human dignity and food security, human genetic resources and plant for food and agriculture are excluded from the scope of benefit-sharing, because the object of benefit-sharing is limited. Thirdly, legal provision of benefit-sharing of genetic resources are explored in the thesis. In the perspective of international law, fair and equitable sharing of benefits and ways to promote national capacity are introduced; in terms of common regional law, the actual binding regional Convention and Model regional Convention are studied; biodiversity law, coordinate law and single law are expounded from the angle of foreign law.Finally, the thesis puts forward a proposal for the benefit-sharing of genetic resources in China. First, it is essential to define the main body of benefit-sharing, and to establish the special institution to deal with dispute in benefit-sharing. Then, with definite object of benefit-sharing, it is suggested that different benefits employs the standards of classification management. At last, it proposes the legislation for benifite-sharing in order to solve the biopiracy flexibly by drawing up single law and contracts.