| With the gradual depletion of land resources,the importance of marine resources has become increasingly prominent.Ocean accounts for more than 70% of the Earth’s area,which contains a wealth of natural resources;and the sea beyond national jurisdiction occupy the vast majority of the ocean.Beside the traditional fishery resources,marine biological genetic resources,as a new type of resources,attract more and more attention from all over the world.However,whether the collection of the marine biological genetic resources or the analysis and development after the collection need a high level of technological development.It has led to the fact that only a handful of developed countries in the world are able to develop and utilize such resources,which has created a great deal of dispute between developed and developing countries on the attribution of related resources.How to determine the attribution of marine biological genetic resources and how to allocate the benefits from them is a matter of great concern to the international community at present,but there is also a great controversy.For this problem,this article will be analyzed from the following aspects: 1.The legal attributes of marine biological genetic resources beyond national jurisdiction,which directly determine the attribution of such resources,is the basis for resolving other disputes;2.The current dilemma and existing disagreement on the issue of benefit sharing of marine biological genetic resources beyond national jurisdiction;3.Construction of benefit-sharing system of marine biological genetic resources beyond national jurisdiction;4.Intellectual property arrangement in benefit-sharing system,which means how to protect the sharing of benefits through the protection of intellectual property rights;5.The position of the world on this issue and how to actively respond to the problem in order to protect China’s interests to these resources.The first chapter is an overview of the issue of benefit sharing of marine biological genetic resources beyond national jurisdiction.First,the definition of marine biological genetic resources beyond national jurisdiction is defined,then to discuss the legal attributes of marine biological genetic resources beyond national jurisdiction by analysis the relevant provisions of the United Nations Convention on the Law of the Sea and the Convention on Biological Diversity.In the different views held by countries around the world,it is the most appropriate choice to identify deep sea biological genetic resources as common heritage of mankind.The second chapter discusses the dilemmas and existing differences in the sharing of benefits of marine biological genetic resources beyond national jurisdiction.In the marine biological genetic resources beyond national jurisdiction development and utilization,access and benefit-sharing are two of the world’s most controversial issues.Different countries put forward a large difference in the proposition based on their different levels of demand.Developed countries advocate not to establish access system,and do not agree to set the "compulsory licensing" system for benefit-sharing,while developing countries insist on the access of resource development to regulation,and the "compulsory licensing" system should be developed for the sharing of benefits.The third chapter analyzes the intellectual property issues in the development of marine biological genetic resources beyond national jurisdiction and the construction of benefit-sharing systems based on the intellectual property system.The rational use of the intellectual property system will not only prevent the developing countries from benefiting from the development of marine biological genetic resources beyond national jurisdiction,but will be able to increase the benefits and better protect the common interests of all mankind.Define the marine biological genetic resources beyond national jurisdiction as the common heritage of mankind,the benefit-sharing system constructed on this basis can also distribute the proceeds from the development of deep-sea biological genetic resources more equitably around the world,thus ensuring that the majority of developing countries can also benefit from the marine biological genetic resources beyond national jurisdiction,put an end to the developed countries’ monopoly of such resources.The fourth chapter discusses the current problems in the field of marine biological genetic resources beyond national jurisdiction.China’s economy,science and technology level has reached a higher level,but compared with the developed countries there is still a big gap.At the same time,we can not simply stand in the position of developing countries to treat this issue.China is a more developed developing countries,what kind of development strategy is selected determines whether China can occupy a place in the field of marine biological genetic resources beyond national jurisdiction and whether it can protect our legal benefits,which plays a vital role in the realization of China’s overall economic development and the strategy of strengthening the ocean.Marine biological genetic resources beyond national jurisdiction is related to the common interests of all mankind.Developed countries should not pay too much attention to immediate benefits and ignore the demands of the vast number of developing countries,and developing countries represented by China should also unite and let the developed countries attach importance to the benefits that we deserve.Only by finding a balance between the two can we truly realize the value of deep sea biological genetic resources so that it can benefit all mankind. |
