On The Disclosure System Of Genetic Resources In Patent Law

With the increasing dependence on Genetic Resources in agriculture, chemical industry,medicine and other industries, the commercial value of genetic resources is becoming increasingly apparent. Genetic resources of developing countries are plundered under the cover of "bio prospecting" by Biotechnology Company and research institutions in developed countries. Research results on the genetic resources of illegal appropriation are protected in the form of Intellectual Property to Obtain exclusive benefits.In the process of providing genetic resources of developing countries not only do not gain fees of genetic resources used,but also to pay high permission fees when they use the research results of the genetic resources. Such behavior is often said by the biological pirates or biopiracy. The changeable climate and the vast region determine that our country has richness and uniqueness genetic resources. Due to the lack of laws in the protection of genetic resources, China is one of the countries that have suffered from serious plagiarism. Although the patent law provides the genetic resources disclosure system, but there are many problems, such as,the existence of the term "dependence" is not appropriate, the scope of disclosure requirements is too narrow,genetic resources source disclosure system of examination and approval authorities do not appropriate,the extent of disclosure is not provided, the legal consequences of the disclosure obligations have been authorized to violate the obligations of the regulations, the prior informed consent and benefit sharing system is not provided for. "Patent law" is being carried out fourth times in China. To protect the genetic resources better and achieve win-win situation,we can modify the word "dependence",increase the prior informed consent and benefit sharing evidence, change the genetic resource source disclosure system of examination and approval authorities,clear disclosure limit and the consequences to perfect "patent law " in the genetic resources disclosure system.