Intellectual Property Protection For Biological Genetic Resources And Relevant Traditional Knowledge

It has raged for years the international disputes of intellectual property protection for biological genetic resources and relevant traditional knowledge. The debate has been intensified with the ever progressing of bio-technology. Once they seemed abated by Convention on Biological Diversity and subsequent international protocols, such as the Bonn Guidelines, the Nagoya Protocol. These international instruments are designed to address international issues around intellectual property protection for biological genetic resources and relevant traditional knowledge. Sadly, however, their arrangements do not fit into the intellectual property protection regime and cannot work properly.For instance, under the private right nature of intellectual property system, the ownership of biological genetic resources and relevant traditional knowledge should apply "the Principle of Relative State Sovereignty"."Prior Informed Consent" is not conducive to the intellectual property protection for biological genetic resources and relevant traditional knowledge. Prior to reap the benefits of intellectual property, the two sides could not mutually agree upon the terms of benefit-sharing effectively. In the process of applying for intellectual property, it must be specified that how to determine the scope of disclosure, the conditions of disclosure in "Disclosure of Origin", and the coerciveness of "Disclosure of Origin" and so forth. However the abovementioned problems are interrelated and inseparable, and this thesis will discuss from a new perspective respectively.