Investigation On The Protection And Utilization Of Genetic Resources

Due to its severe externalities,the utilization of biological genetic resources is becoming the target of national property institutions across the world.Take effect in 1993,the Convention on Biological Diversity,together with the following Nagoya Protocol,form the international frame work for the conservation of biological genetic resources.However,due to the nature and characteristic of genetic resources,together with the huge impact from rapid development of bio-technology,and the significant shift of industries strategies and operation models on the demand and utilization of genetic resources,the implementation of CBD frame work become very challenging,both globally and domestically.China is one of those countries with richest biodiversity,and a big member in world trade system.China is also one of the countries facing serious threats to biodiversity.Therefore,China's scenario to tackle the looming problem,not only concerns China's long-term socio-economic development,but reflects on the valid implementation of CBD frame work.China has set priority for drafting regulation on Management of Genetic Resources.For China,the overwhelming question is how to establish property rights of natural resources,clarify relevant procedures,innovate current system,introduce related compliance mechanism and make biological genetic resources fit in current institutions,so as to lower the domestic legislation cost of conforming requirements of Nagoya protocol.This article is designed to probe into the mechanism of CBD frame work,the confronting challenges of CBD frame work,investigate property rights for biological genetic resources through interpretation of theories of property rights,current institutions relevant to these issues,and interpret legal practices home and abroad.