Research On The Disclosure System Of Genetic Resources In Patent Law

To curb the problem of bio-piracy, to promote the implementation of the principles of genetic resources and benefit sharing, most of the countries providing the genetic resources set up a disclosure system of origin of genetic resources in its domestic patent law. In patent licensing process requiring the applicants to disclose the source of the genetic resources used in the invention, it would not only help to the fair and equitable acquisition and utilization ofgenetic resource, but also prevent the grant of bad patents. The disclosure system of genetic resources plays an active role in protecting the biodiversity and promoting the innovation of science and technology.This paper is divided into four chapters:The first chapter is the establishmentbackground of the disclosure system of genetic resources in patent law. By introducing the establishmentbackground this chapter mainly wants to clarify the establishmentpurpose of the disclosure systemin the patent law. First of all, the paper introduces what is the genetic resources, and leads to the problem that the commercial utilization of genetic resources can not be ignored. The Convention on biological diversity is a basic principle for the regulation of the free predatory behavior and the establishment of the relevant genetic resources and benefit sharing. To promote the implementation of these principles, it is necessary to monitor the situation of the utilization of genetic resources. Because in most of the genetic resources of the commercial use of the process to apply for patent protection is a necessary step, the applicant for a patent for obtaining an authorization required active to the patent authority to review the disclosed invention related information, through an application for a patent for this characteristic public can help to patent platform solutions for most of the genetic resources utilization, but the traditional patent requirements of full disclosure is not sufficient to achieve this purpose, the origin of the genetic resources disclosure system is therefore set up.The second chapter is the analysis of the disclosure system’s models and elements. For a comprehensive understanding of the disclosure system, this chapter analyzes three disclosure patterns(mandatory and voluntary, separate) and three basic elements(threshold requirements, disclosure content and does not perform the obligation to disclose the consequences). That the regulation of every element is strict or loose will affect the monitoring of the genetic resources.The third chapter is the comparative study of the disclosure system of genetic resources. This chapter studies not only the intellectual property organization to the left of origin of genetic resources disclosure system of legislative proposals, and also select the represent genetic resource provider and the use of some countries and regions, analysis in these countries or regions of the patent law of the origin of the genetic resources disclosure system of relevant provisions, to make our country some reference for the perfection of origin of genetic resources disclosure system of relevant laws and regulations.The fourth chapter is the disclosure system of genetic resources in Chinese patent law. On the basis of the studyin the first three chapters, this chapter systematically analyzes the relevant clauses of the disclosure of genetic resources in Chinese patent law, sums up the deficiencies in our country’s disclosure system of genetic resources and gives suggestions for improvement.