Legal Protection Of Genetic Resources Benefit-sharing

At the12th session of Intellectual Property and Genetic Resources, Traditional Knowledgeand Folk Literature and Art Government Commission(IGC) held in Geneva on Feb.2012, whichmentioned the international and national legislations of benefit-sharing of genetic resourcesagain, meaning people in now days are realizing the importance of genetic resources and theharmfulness of its reductions. And in now days, the booming modern biological technologiesbring a lot of economic benefits, and the valuations of raw materials of biological geneticresources are taken seriously by people, however, in the mean time, which aggravating thepirates from the developed countries of lacking genetic resources to the developing countries offull of genetic resources. So, it’s important to make some national law for the benefit-sharing ofgenetic resources in the frame of the international legislations to refrain the pirates, balance thebenefits between them, and protect the biological diversities for the sustainable exploitations.This paper is consisted by four parts. The first part elaborates the necessity of legalprotections to the benefit-sharing of genetic resources. The second part puts the deficiency oflegal protections of the benefit-sharing of genetic resources forward according to its currentconditions in our country. The third part elaborates the protective legislations of United NationsConvention on Biological Diversity and Nagoya Protocol on Access and Benefit-sharing to thegenetic resources. In the consideration of the insufficiencies of legislating the benefit-sharing ofgenetic resources and its lagging far behind international legislations, the last part proposes someadvises to the institution of benefit-sharing of genetic resources in our country, and this partanalyzes the choice of the legislative mode and the main frame of the protective institution ofbenefit-sharing of genetic resources.