Research On Legal Regulation Of Biopiracy

Biological genetic resource is an important strategic resource with remarkable ecological and economic value.The purpose of benefit-sharing mechanism is to realize the fairness and reasonableness of benefit sharing.At present,the situation of biological genetic resources protection is closely related to the frequent biological plagiarism in the international community.For example,the turmeric and rice cases in India,the rattan water case in South America,and the previously sensational case of Harvard University's illegal collection of human body information in China.This kind of resource predation cut off the reasonable benefit sharing and caused a series of social problems.China is rich in biological genetic resources.However,in recent years,China has been experiencing phenomena of biological extinction,plagiarism,and severe damage to resources.China is in great need of improving legislation,strengthening management,and expanding protection.So as to establish and improve the benefitsharing mechanism of biological genetic resources.Therefore,this article first recognizes biological plagiarism.Second,analyze its behavioral composition and look for related theories.Finally came up with a solution.Understanding the concept is the basis of research.The concept of biological plagiarism was combed at the beginning of the article.The article begins with a description of the origin of "bio-piracy." The most beginner proposed "bio-piracy",and with his efforts it became the object of academic research.As a foreign word,it has different expressions such as "bio-piracy" and "bioprospecting".On the legal level,we believe that "biopiracy" better interprets its conceptual connotation.Therefore it has also been introduced into the field of legal research.In the definition of specific concepts,we can combine the relevant provisions of international conventions.Biopiracy is defined as the act of obtaining biological genetic resources by illegal means and enjoying the benefits of resources exclusively.In order to further understand its harm,the article introduces and analyzes the current state of biological genetic resources in China.In the article,a series of cases of biological plagiarism are used to reveal China's severe resource situation.This article summarizes and points out the significance of regulating biological plagiarism from the perspectives of social factors and economic factors.Under the background of increasing biological plagiarism,related theories surrounding bio-piracy have also been greatly developed.With a certain understanding and preliminary definition of bio-piracy,we need a legal analysis.From a theoretical perspective,the behavior of bio-piracy consists of three parts: without consent,concealing the source,and owning profits alone.They correspond to different stages in resource development.By studying the main characteristics of biopiracy,we can discover the legal reasons for the problem.Bio-piracy arises because of the unclear ownership of biological genetic resources and the imbalance of external intellectual property protection.Under such circumstances,a fair and reasonable benefit-sharing mechanism is absent,which exacerbates biopiracy.Starting from the source of the problem,the article further combines the latest theoretical achievements in the academic world,such as the theory of balance of interests,the theory of sustainable development,and the principle of state sovereignty.They all provide theoretical support for the full text.In the 1980 s,the disputes caused by biopiracy between developed and developing countries intensified and became an international issue.To alleviate conflicts,many international conventions have emerged.Among them,the following three are influential: the Convention on Biological Diversity,the International Convention on Plant Genetic Resources for Food and Agriculture,and the Agreement on Trade-Related Aspects of Intellectual Property Rights.Based on these international conventions,countries have also started domestic legislation.By studying the establishment and development of these relevant international rules,we can find reference for China's domestic legislation.This article focuses on the international community's exploration of regulating bio-piracy,and compares the responses of these international conventions.In particular,the content on benefit sharing can support our country.The recommendations are the research results of the full text.By introducing relevant legal provisions,we can conclude that China's regulation of biological plagiarism not only starts late and has a low level,but also has the disadvantages of lack of specialized laws and incomplete management mechanisms.In response to these issues,the article proposes three major measures,including improving the legal framework,improving management mechanisms,and strengthening intellectual property protection.By analyzing the problems in China,we can better improve the legal regulation of bio-piracy.