Research On The System Of Disclosure Of Origin Of Genetic Resources In Patent Law

As an important biological resource,genetic resources have enormous economic value.However,its geographical disequilibrium and easy transfer have led to the phenomenon of “bio-piracy”,that is,the use of the country to obtain such resources for research and development without permission,and to apply for patents to obtain rich returns.The provider country is not only unable to participate in the sharing of benefits,but also pays a high fee to use the patent.In order to effectively curb the occurrence of “bio-piracy” and implement the Convention on Biological Diversity(CBD),China introduced the system of disclosure of origin of genetic resources when the Patent Law was amended in 2008.This system has been introduced for more than ten years,but the actual operation effect is not good,and the purpose of establishment has not yet been fully realized.It still needs further improvement.First of all,in the first chapter,the paper introduces the concept and characteristics of genetic resources,reveals its essence,and then introduces the commercial utilization of the resources and the problems it generates,and leads the system from the starting factors,the scope of disclosure content,and disclosure requirements.The nature of the nature and the consequences of not fulfilling the disclosure requirements are four aspects of the analysis of the structure of the system.Secondly,the second chapter of this paper introduces in detail the specific provisions of the system in China's Patent Law,and analyzes the legal basis of the system by analyzing the patent law—the principle of full disclosure and the principle of prior informed consent and benefit sharing,interpreting the principles behind the system and the purpose of introducing the system is to propose the specific problems in the system in China's Patent Law,including the smaller range of genetic resources,the narrow scope of disclosure,the unclear disclosure limits and the lack of legal consequences of breach of disclosure requirements.Then,the third chapter of this paper reviews the development process of the system from CBD to Bonn Guidelines to Nagoya Protocol on the one hand,and analyzes the disputes,progress and inadequacies in international treaties to grasp the future development trend of the system.On the other hand,in the horizontal analysis,the paper summarizes the characteristics of this system in the legislations of India,Norway,Brazil and Costa Rica,then classifies and compares it.Combined with China's national conditions,we can find out where China can improve the system.Finally,based on the analysis of the first three chapters,the fourth chapter deals with the specific problems in the design of the system in China's Patent Law,correspondingly from the four aspects including concept of genetic resources,the content of disclosure requirements,the limits of disclosure requirements and the legal consequences of violation of disclosure requirements,then respectively proposed specific suggestions for improvement.