Intellectual Property Protection And Research Of Biological Genetic Resources

Advances in biotechnology are prompting people to further understand the biological genetic resources, to develop and utilize them, to create economic value and use value. The biological genetic resources as a kind of important resources for research, development and utilization, and some have advanced scientific and technical and legal protection advantages of developed countries, multinational companies and research institutions, in the world within the scope of genetic resources of each species were collected, including various species of plants and animals, even human genes, leading to the discovery of it can make use of the value of economic development, collection, research and application of intellectual property protection of the exclusive, this kind of behavior is the world known as the "biopiracy" the various countries. Currently the world, hand in order to prevent the loss of genetic resources and by his country’s "biopiracy"; on the other hand, to promote exchanges in various countries scientific and commercial aspects, mostly in the form of "intellectual property law" to protect their biological genetic resources.China’s vast territory and abundant resources, species diversity is rich, has a very rich biological resources, because of this to become developed countries as the main object of "biopiracy", from the United States Monsanto are of soybean in China to apply for a patent case to R & D of artemisinin is no patent right, these are "biopiracy" case, let China’s bio genetic resources continue to drain, but also to China’s scientific research institutions lost research to create the source of power. Therefore, so the task of biological genetic resources protection is very pressing, need us as soon as possible to find suitable protection method.Biological genetic resources and intellectual property protection of the title, focusing on legislation, improve the supporting legal system to protect the biological genetic resources and intellectual property patents and new plant species in, emphasizing conservation of biological genetic resources advantage, this prevents the feasibility and the research content of "biopiracy". This paper includes four aspects:one is the key concept of the biological genetic resources and intellectual property rights, including genetic resources, genetic resources patent, new plant variety rights and patent rights of genetic resources in the access and benefit sharing mechanism; two is through extensive reading of related literature, biological protection genetic resources of China’s scholars, summed up the current will enrich the biological inheritance in China’s lack of intellectual property protection experience, so as to compensate for the lack; three is to learn from other countries in the excellent experience of the protection of genetic resources, especially the experience of the protection of intellectual property rights, to be summed up for reference protected mode and the specific measures adopted in China; the four is based on the existing "intellectual property law", "patent law", "the New variety protection regulations and related laws and regulations, and puts forward the measures to solve and improve.