Legal Protection Of Biological Genetic Resources And Traditional Knowledge Associated

With the prosperity of the knowledge-based economy and the development ofbiotechnology, the interests gained from accessing to and using of biological geneticresources and associated traditional knowledge is expanding nowadys. Its realistic andpotential economic and social value have been being recognized gradually, but theincreasingly various kinds of contradictions are coming together with that as well. Toensure the sustainable development and utilization of biological genetic resources,maintain the rights and interests for the countries rich of genetic resources, keep theequilibrium relationships between the owners and users of biological geneticresources, the international community have began to explore the protection forbiological genetic resources comprehensively and thoroughly. In recent years, varietyof relevant international treaties, laws and regulations, and plenty of nationallegislation are coming out to build a basic framework for the conservation ofbiological genetic resources.But the existing legislation and protection mechanisms still have manyinadequacies, and there are also fierce conflicts existing between them and otherinternational conventions and institutions, the protection of biological geneticresources and associated traditional knowledge remains to be further developed.Discussion and writing of this thesis are based on the diverse protectionpathways for the biological genetic resources and traditional knowledge associated.This thesis is mainly divided into six parts. The preface introduces the conservationstatus of the biological genetic resources and associated traditional knowledge, andthe meaning of thesis writing. The first chapter provides an overview of the contentsof the biological genetic resources and traditional knowledge. It focuses on thedefinitions on subject and object of the rights that contained in the protection ofbiological genetic resources, as well as the definition of traditional knowledge. Thesecond chapter expounds the predicament of the protection for biological genetic resources and the practice status quo, elaborates and analyses the typical legislationsystem and principle in the countries that rich in biological genetic resources. Thethird chapter gives a brief introduction of the existing protection mechanism forbiological genetic resources, such as prior informed consent, access to andbenefit-sharing mechanisms. It shows that depending on the existing system merely,especially the pure support offering by intellectual property cannot provide enoughprotection for biological genetic resources and associated traditional knowledge. Thefourth chapter demonstrates the key point of this thesis, exploring the otherapproaches to protect biological genetic resources and associated traditionalknowledge, establishing the legal framework for biological genetic resources andassociated traditional knowledge protection. The first step is the discussion of thebasis for framework, should it be international law based or domestic law based. Thenthe theis use the geographical indications in the existing international intellectualproperty system (TRIPs-centric) for beneficial reference as supplementary protection.Finally the study gets rid of the bondage of the international intellectual property systemto construct a new mechanism to protect the biological genetic resources andassociated traditional knowledge. Epilogue is the summary of the full text.China is a country rich in biological genetic resources and traditional knowledge,but the construction of protection system for genetic resources and traditionalknowledge is still in its infancy, author hopes the study in this article could providesome useful ideas and suggestions for our countrie’s legislation as well as systemconstruction on biological genetic resources protection, hereby promote theconservation, sustainable development and utilization of our genetic resources andtraditional knowledge.