Research On Legal Issues Of Agricultural Genetic Resources Protection In Biotechnology Application

The development of biotechnology in the 21st century not only changes the perspective of people understanding genetic resources,and makes the level of genetic resources utilization achieve a qualitative leap.On one hand,biotechnology has greatly increased the economic value of genetic resources,on the other hand,the rapid development of biotechnology industry causes a surge in demand for genetic resources,bringing crisis to genetic resources protection.The protection of genetic resources contains economic,social and ecological values.Enhancing the protection of genetic resources has been recognized widely,particularly,legislative support has become international consensus.Among all kinds of genetic resources,agricultural genetic resources need the most concentrated protection,because agricultural genetic resources protection is not only the foundation of modern breeding industry,it is also important to sustainable development of nature,ecosystem and folk custom.Moreover,it is the important component of national food security strategy.Because of the gap in biotechnology and agricultural genetic resources with the international standard,we must improve legislative support to protect and make use of agricultural genetic resources.Anymore,it is the institutional foundation of international communication in agriculture genetic resources.It has made a great achievement of international conventions in agriculture genetic resources protection,but because lacking of forcing implementation,it is hard to ensure the effect.Based on the characteristic of the "one thing has two natures",before protection of related rights of agriculture genetic resources by special right comes true,perfecting agricultural genetic resources indirect protection legal system can also provide protection.Based on environmental damage,excessive development,foreign institutions stealing causing the biological species decreased dramatically and the status of the genetic resources facing a serious loss,draw on the experience of Brazil,India,Australia and other countries which have complete domestic legislation on genetic resources and make great effect,put limitation on developed countries plundered the wealth of the world especially the developing countries by means of advanced biotechnology,For current situation of genetic resources,continuous arrangement and adjustment of the relevant laws about genetic resources(including intellectual property law,environmental law,biological safety supervision law,etc.)are very urgent.Which includes the constitutional provisions of agriculture genetic resources for sovereign attribute,the public law provisions which mainly contain the administrative laws and regulations of agricultural genetic resources for public rights attribute,and civil laws provisions of agricultural genetic resources for the private rights attribute bearing weight of the private rights of the interests.Starting from the background of biotechnology,taking "use to promote the protection"view as the guiding ideology,and based on the system of international treaties and outside systems,considerate present situation of Chinese existing agricultural genetic resources protection legal system,explore the existing main problems of protect agricultural genetic resources surrounded the management of agricultural genetic resources,the use of agricultural genetic resources and benefit sharing as the core.The paper main content is divided into five parts:first part:the basic theory of agricultural genetic resources protection in the biotechnology application,including the basic overview of biotechnology and agricultural genetic resources,as well as the legal theory and economic theory;second part is inspired ideas which relate to the protection of agricultural genetic resources in international conventions,and four typical countries chose to explore special agricultural genetic resources protection legal system in biotechnology application,as well as the legislative model and the realization of the benefit sharing path,etc.The third part is the present situation and evaluation of agriculture genetic resources protection legislation in biotechnology application,mainly investigates and analyses the original habitat protection system of agricultural genetic resources,market access system of biotechnology products and biological safety management and the protection of intellectual property rights,etc.and delve the feasibility in the basic pattern of management and utilization of agriculture genetic resources and benefit sharing in the intellectual property legal system.The fourth part,at the request of biotechnology development,decompose and reshape of agricultural genetic resources protection concepts.And under the guidance of "use to promote the protection",transform the existing management mode of agricultural genetic resources,perfect the related system of utilization and benefit sharing.Finally,combining with the legislative experience in other countries such as India,put forward a new approach:agricultural genetic resources right,to response to protect the interests of agricultural genetic resources squeezed by the expanding of modern biotechnology intellectual property rights.