The Research On Patent Protection For Genetic Resource

Along with biological technology’s swift development, the genetic resources take one kind of important strategic resources, but also has in the trade the astonishing economic value, has become various countries is the profitable target which specially the developed country competes. The developed country use advanced science and technology superiority strengthens to the living resources development and the use, but after the general developing countries have been grasped actually the massive living resources, to developed country research results payment soaring patent expense. Therefore, the containment "biological plagiarizing", the attack illegal gain genetic resources, strengthen the genetic resources science, the legitimate development, the use and the protection have more and more vital significance.The United Nations "Biodiversity Joint pledges", take protect the biodiversity as the goals, is for the purpose of plant which and animal protects borders on exterminates, maximum limit protects on the Earth many and varied living resources, is one item has the legal binding force international convention. The joint pledge has established the national sovereignty, beforehand the informed consent and benefit shares the principle, is helpful sets up the protection biodiversity standards in help various countries, strengthens our country the genetic resources protection."Biodiversity Joint pledges’Tirst proposed the national sovereignty principle, separately and realized the aspect in the genetic resources patent patented claim to propose distinguished shares the system in other patent beforehand informed consent as well as benefit, this carried out the heredity patent protection system for various countries to provide the basis. Various countries make or the revision corresponding law in abundance protect our country genetic resources. Joint pledge this article in the introduction genetic resources and in the patent characteristic’s foundation, elaborated internationally"Biodiversity Joint pledges","Bonn Criterion"as well as in TRIPS related genetic resources patent protection system, as well as has representative India, Brazilian, the Andean Community and so on several living resources great nation and the local related legislation, and has carried on the evaluation to it.Our country revised"Exclusive law"newly has established the genetic resources patent protection system, strengthened the genetic resources protection, promoted the genetic resources science, the legitimate use. At the same time, our country genetic resources patent protection also has the system establishment too principle, some concrete systems realized the condition and the procedure were still blank, also the stipulation corresponding legal consequences, have not lacked the feasibility. Therefore, further strengthens our country genetic resources the patent protection, is clear about the national sovereignty principle in the legislation, the consummation beforehand the informed consent system, the origin disclosure system and benefit shares system’s design. Through beforehand the informed consent system, the origin disclosure system and benefit share system’s consummation, causes the resources to raise the supplier, the gain side and the society, in the research and development genetic resources attain in the benefit altogether to share the profit, the promotion genetic resources’ science, the reasonable research, the development and the protection, to maintain the ecological environment and the genetic resources sustainable use provide the abundant fund and the technical support, achieves the maintenance biology finally the multiple final goals.