Research On Benefit-sharing Of Genetic Resources Legal System

Genetic resources are special, whichhas important research value and economic value. With the development of biotechnology, genetic resources as the base material medicine, agriculture, new energy and many other areas, it has become one of the indispensable resources in the 21 st century. Developed countries use its advanced biotechnology, development and utilization of genetic resources and use the IP system for development achievements protection. However, as a developing country providing genetic resources but can not derive related benefits. To balance the interests of the international community to improve the developing countries to protect biodiversity initiative, "the Convention on Biological Diversity" Setting up access to genetic resources and benefit-sharing mechanism. October 12, 2014, "the Convention on Biological Diversity on access to resources and the fair and equitable sharing of their utilization of the benefits of genetic Protocol"(hereinafter referred to as the "Nagoya Protocol") entered into force. Under the background of effectiveness of the "Nagoya Protocol", how to build our genetic resources and benefit-sharing legal system is worth considering and studying.From the analysis of the basic concepts of genetic resources, values ?and rights body to proceed, and benefit sharing of genetic resources and related legal system indetail. On this basis, we investigate and analysis the development of genetic resources and benefit-sharing regime of the outstanding issues of the "Nagoya Protocol." Finally,status of genetic resources and benefit-sharing system in our country for the opportunities and challenges "Nagoya Protocol" brought to genetic resources and benefit-sharing to build our legal system recommendations.The first chapter outlines the genetic resources. The first chapter of the definition and characteristics of genetic resources are described, then the value of genetic resources are introduced. Potential and actual value of genetic resources leads countries of genetic resources tenure of the competition. Therefore, the ownership of genetic resources is also briefly discussed. Finally, the article briefly introduces the current situation and related protection of genetic resources.The second Chapter is of genetic resources and other relevant legal rules. This chapter introduces the relevant contents of benefit-sharing, including the benefits of genetic resources refers to what type of benefits and defined benefit-sharing; then describes the relevant legal rules to genetic resources and benefit-sharing, the first introduction to the international the Convention on the establishment and development of genetic resources and benefit-sharing regime, and finally introduces typical regional and national legislation related to genetic resources and benefit-sharing regime.The third Chapter is "Nagoya Protocol" of genetic resources and benefit-sharing system of the latest developments. This section through the background of the negotiations "Nagoya Protocol", the main content and impact analysis, analysis of the latest developments in genetic resources and benefit-sharing regime.The final Chapter of genetic resources and benefit-sharing is to build a legal system. Based on the above analysis of the section on the status quo situation and China’s current legal system, analysis of China for adding "Nagoya Protocol" attitude,how do I build in opportunities and challenges "Nagoya Protocol" will bring a perfect genetic legal system resource benefit sharing thoughts and put forward recommendations.