Research On The Legal Problems Of Genetic Resources Information Disclosure In Patent Applications Under International Perspective

The purpose of this paper is to study the genetic resources disclosure requirements of the patent application under International perspective.Genetic resources disclosure requirements in patent application is a new topic for discussion,the research on the information disclosure of genetic resources and its related theories has high scientific and economic value.On one hand,new technologies derived from genetic resource development provide assistance for scientific development;On the other hand,genetic resources products can generate significant economic benefits in the commercialization of biodiversity.Countries research and stipulate from medicine,plants and animals,natural resources and other fields on issues through negotiation and treaty-making ways,also the topic is taken as the key issues and priorities in BBS and bilateral negotiations.CBD established the basic principles of traditional protection of genetic resources,however,there are still difficulties in practice,such as unfair distribution of benefits,unreasonable use of resources,and disclosure obligation's introduction blocked.Based on long-term coordination and effort by all parties,the international community has made great strides in biodiversity conservation.However,due to the disadvantaged position and the weak right to speak in the negotiations of developing countries,the protection of their own interests is still difficult to effect.This paper mainly draws lessons from the relevant legislation experience in Brazil and India,and analyzes the obstacles to the implementation of the current disclosure obligation of genetic resources in our country.Firstly,as the lack of regulation and relevant systems,resulting in serious loss of genetic resources in our country;Secondly,our genetic resources related legislation is scattered,exists legal blanks in some genetic resources;Thirdly,our domestic legislation and the international treaties can not be fully integrated;Finally,for the existing laws and regulations,there are still arguments about patentability,patent dismissal,the specific scope of disclosure of genetic resources and other controversies.In view of these obstacles,this paper proposes to pay more attention to the prior informed consent and benefit-sharing evidence of disclosure,improve our legislation from distinguishing between different genetic resources for specific legislation and refining the implementation of patent licensing measures.In the future,we should combine access and benefit-sharing legislation with traditional knowledge protection legislation.China shouldprotect the relevant interests of the genetic resources disclosure from the legislative level,and better safeguard the national interests and social interests.