Study On Modes Of Access And Benefit Sharing Of Genetic Resources In Multiplex International Institutions

With the development of modern biotechnology, genetic resource is increasingly important fornational development in future. Therefore, it has been widely discussed in academic research andmanagement practice what kind of ABS mode should be adopted to motivate all stakeholders in thesystem of preserving, exploiting and using of genetic resource, so that the genetic resources could bewell preserved and properly utilized. This paper initiated from analyzing multiplex internationalinstitutions, summed up different ABS modes, and identified the factors which influence nationalstandpoint in international negotiation and choices of ABS modes. Main contents are as follows.Firstly, this paper scanned several international institutions related to ABS of genetic resources, andsummed up their coverage of countries. The focus is the conflicts and coordination between differentinternational institutions, which affected the domestic system construction of countries.Then three ABS modes are summed up, which are unilateral mode-property rights system, bilateralmode-access law or contract, multilateral mode-multilateral system of ITPGRFA. Furthermore, theirforming process, mechanism of action, international legislation and current statues of nationaladministration are separately discussed.Afterwards, the positions of55countries which adopted ABS measures are fixed by theirendowment of genetic resources and biotechnology capacity, based on which contingency analysis areconducted about a country’s position and its participation of international institutions, as well as relatedstrategic points of institutional choices. It is revealed none of the institutional choices is significantlycorrelated to a country’s position except source disclosure in patent application. In fact mostresource-using countries adopted source disclosure, while fewer resource-offering and dual identitycountries adopted it. In general most countries in the world have not adopted source disclosure yet,which hindered the process of ABS institutional building and requires international coordination.At last, in reference of regular pattern of choices of ABS institution and legislation and practicalmanagement measures adopted by many countries, and analysis of ABS national position of China,policy proposal is put forward that property-rights system of genetic resources should be set up, whichis with consideration of all stakeholders, compatible with current intellectual property institutions, andadapted to conditions of our country. Practically it is worthy of trying to use certain form of intellectualproperty to protect genetic resources and traditional knowledge. And the execution of ABS should varywith locations, times and objects. On basis of common principles, countries vary in conditions and costsof application of certificate, stakeholders and procedures to form mutually agreed terms, types of sharedbenefits. Hence, our country should administrate by classes, by provinces or by special zones to meetactual demand of different regions. Especially about types of shared benefits, innovative measures areneeded on mechanisms of subsidy as a feedback to preservers and protectors of genetic resources, sothat long-term and short-term benefits could be balanced.