A Legislative Study On Access And Benefits-Sharing Of Biological Genetic Resources

In the21st century, the biotechnology industry worldwide as an emerging industry, has gradually shown its great potential and a huge space for development. The genetic resources which has become the most important factor in the occupation of biological resources industry Heights is essential core materials for the development of biotechnology. Some developed countries, equipped with advanced biotechnology and sophisticated science, have conducted a range of and applied for intellectual rights protection for their benefits from other countries’genetic recourses. In this circumstance, the sign of Convention on Biological Diversity initiated the concern on genetic resources from international community and the legal mechanism on this issue has gradually been built. Developing countries of biodiversity are challenged by the Nagoya Protocol approved in2010. The best way to regulate and prevent bio piracy is to improve the domestic law.The Nagoya Protocol has pressured Chinese domestic legislation on access to and benefits sharing of genetic resources. Only by perfecting our domestic legislation can we take an efficient control of utilization and access to genetic resources. This paper combed the status and lack of our domestic legal system in the field of genetic resources access and benefit sharing, stated the experiences of other countries, and put forward the corresponding countermeasures and suggestions in order to establish and perfect our genetic resources legislation.