Study On The Disclosure Of The Source Of Genetic Resources In The Protection Of GR

Based on joint efforts and coordination in the "International Year of Biodiversity "(2010),the10th Conference of the Parties of the Convention on Biological Diversity (COP10), and finally the COP10got the Nagoya Protocol, as of February3,2012, The Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the Convention on Biological Diversity is an international agreement which aims at sharing the benefits arising from the utilization of genetic resources in a fair and equitable way, a total of92Parties signed the Protocol. What’s more, some scholars believe that the signing of the agreement marks the formation of the Global Alliancehe for the conservation of biological diversity. Although the international community in the conservation of biological diversity has made considerable progress, but the uneven distribution of genetic resources and biotechnology is also impotant, the voice of developing countries in the negotiations are still weak, difficult to implement its own conservation of genetic resources. Genetic resources with a high degree of replicability and portability, and therefore, the distinction between the country of origin of genetic resources, and user countries is necessary, especially the rights and obligations distinct. In view of the genetic resources can bring huge benefits, regardless of direct or indirect value, the value system of protection of genetic resources is imperative. Disclosure of origin of genetic resources system has been one of the protective mechanisms of the compulsive disclosure of developing countries, but in the discussion of the10th Conference of the Parties, the parties finally reached Nagoya Protocol,the agreement again imposed a negative attitude. Convention on Biological Diversity, has been recognized by the international community as a biodiversity protection framework, its access and benefit-sharing system is one of the basic systems, while the source of the disclosure regime is to ensure the smooth realization of the essential means of access mechanisms, although the disclosure of origin systemexist many problems to solve, such as whether the scope should cover the evidence of relevant benefit-sharing, or prior informed consent,and how to resolve conflicts and contradictions between the TRIPS Agreement and CBD, how to make a good fit with the domestic legislation. The regime of the source of orign country is very important to national sovereignty rights, as well as practicing the principle of fairness,it also has an important significance for the protection of genetic resources. On the basis of a comparative approach from the domestic and foreign scholars, the main draws on the legislative experience of the Latin American countries, the results of source disclosure system in the process of international protection, comprehensive and complete analysis of the disclosure system of the origin of genetic resources, put forward their own suggestions and opinions at the same time on the development and improvement of the disclosure regime in our country of origin of genetic resources, to promote the constant development.