International Legal Issues Of Intellectual Property Right Protection Of Genetic Resources

With the rapid development of biological technology,the economical value of genetic resources as the basis has become more and more obvious.And then the distribution of genetic resources is not balance,which lead to interest disputes between developing and developed countries.Developed countries with advanced technology often have lack of genetic resources,however,developing countries with weaker technology have abundant genetic resources.Most multinational companies in developed countries driven by the great interest focus on developing countries to hunt for those valuable genetic resources.And then they enjoy great wealth solely through genetic inventions and so on to apply for patent.Bio-piracy case of multinational companies is no accident,what has been the formation of intensified trend over the past decade------a new round of "enclosure movement".Under such circumstances how to balance the benefits of genetic resource providers and users,how to protect genetic resources by international law,which have become the hot topics in the international community.The first chapter of the thesis begins with presenting genetic resources from three aspects------concepts?characteristics and legal status,and introducing bio-piracy case to lead the article theme,then raising a question:Should the traditional intellectual property system be a "bio-piracy" asylum umbrella?The second chapter states the issue of legal protection of genetic resources on international and domestic levels,and explores situation and failures of the current practice and probe,even discuss the exclusion of existing intellectual property systems to genetic resources protection.The third chapter points out the rationality and legitimacy on as a kind of intellectual property right to protect based on philosophy of law and breaking the basic theory of the current intellectual property.The fourth chapter looks forward to the prospect of intellectual property right protection of genetic resources,developing countries must strive to seek protection for the TRIPS Agreement,and then contribute to the revision of the TRIPS Agreement.