The Viewpiont Of The System Of Ownership Of Genetic Resources In China

Biotechnology makes biological genes a resource of great economic value and strategic significance, of a species-rich biological resources of the country, which means that a biological genetic resources of major powers. But our country for the protection of bio-genetic resources is very lacking. Genetic resources as a new class of biological resources, but it has its own special attributes. Ownership of biological resources does not mean that the ownership of genetic resources, protection of genetic resources should first make sure that the ownership of genetic resources, only confirmed the ownership of genetic resources to further its management and utilization. Genetic resources has important economic, scientific, ecological value, gene as a special material to protect the legitimate interests of its owners is inevitable. International community advocates national sovereignty in genetic resources and clear ownership of genetic resources, establish ownership of genetic resources in our system is to safeguard China’s sovereignty over genetic resources, but also further reflects the strengthening of the protection of genetic resources in the field of private law, improve protection of genetic resources system. Ownership of genetic resources subject confirmation by the principle of territoriality and the principle of gene sources to confirm the ownership of the main provisions of the wildlife and ownership of genetic resources of domesticated creatures. Based on ownership of their possession of control of genetic resources, the use of income and Disposition are protected by law. Should be given corresponding to adapt to the civil liability for violation of the ownership of genetic resources, to achieve a more comprehensive protection of genetic resources.