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Right Designing And Right System Structuring On Protection Of Genetic Resources Centering On Convention On Biological Diversity

Posted on:2014-07-14Degree:MasterType:Thesis
Country:ChinaCandidate:J LiFull Text:PDF
GTID:2256330401484525Subject:Environment and Resources Protection Law
Abstract/Summary:PDF Full Text Request
With the rapid development of biological technology, the potential value of genetic resources for human has become more and more obvious. Therefore, issues arise on access and benefit-sharing of genetic resources. There have always been many disputes on how to use and protect genetic resources between developing and developed countries. Western developed countries with rare resources achieve genetic resources from developing countries with abundant resources, develop and study genetic resources using their advanced technology, and exclusively protect their technology achievements through intellectual property system designed carefully. Developing countries make much contribution to the development and utilization of genetic resources, but they share little and take a risk in this process. To solve the problem of access and benefit-sharing of genetic resources, Convention on Biological Diversity made framework agreements and specific implementations are worked out in the follow-up protocol on the convention. However, they only regulate behavior of using genetic resources on the level of legal operation, many basal theoretic problems related to genetic resources are still argued and even misunderstood. On the basis of international laws centering on Convention on Biological Diversity and the condition of our country, This paper will break through the traditional institutional barriers, do some deep analysis of the status of genetic resources in the resources law from the perspective of environment, research on the basal theory of genetic resources right such as the property of the right, the subject of the right, the object of the right and so on, and structure right system of genetic resources right.In the first chapter, this paper will define the concept of genetic resources and the position of genetic resources in resources law. After introducing the legal problems about access and benefit-sharing of genetic resources, this paper will demonstrate the importance of the environmental perspective for genetic resources problems. In the second chapter, access and benefit-sharing of genetic resources will be introduced as the source of genetic resources right. Its legislative practices include Convention on Biological Diversity, Bonn Norm and Kyoto Protocol. Its fundamental principles include national sovereignty, prior informed consent, open source and benefit-sharing. In the third chapter, genetic resources right will be discussed. In the last chapter, After the property of genetic resources right is ensured, right system of genetic resources will be structured including the subject of the right, the object of the right, the content of the right, and how to realize and relieve the right.
Keywords/Search Tags:Genetic Resources, Genetic Resources Right, Property of Right, Subject of Right, Object of Right
PDF Full Text Request
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