| With the advancement of biotechnology development,the biological technology as the foundation,development of new technology products in our life is becoming more and more see more,genetic resources and related traditional knowledge has become the country’s important strategic materials,is related to the national economy and people’s livelihood basic resources,is also a strategic layout of "importance".The "green revolution" in global farming was triggered by a dwarf gene developed by laboring people through persistent wheat breeding.The sterility gene of rice discovered by the laboring people in China through the continuous screening of superior varieties of rice has created the miracle of hybrid rice in China and solved the problem of food and clothing for countless people.The high quality wool genes selected by Australian sheep breeding not only create local economic development,but also promote the brand of Australian livestock industry to the world.Nowadays,with the economic globalization as the trend,market demand and the need of competition among countries,a new development competition is taking shape in the world,which is related to biotechnology,to seize the highest point of biological economy,and is also related to national strategic biosafety.Facing the opportunity and test of economic development brought by genetic resources and related traditional knowledge,it is the premise and guarantee for us to develop and utilize genetic resources and related traditional knowledge correctly to construct a perfect legal protection mode.And genetic resources and related traditional knowledge is all over the world people of all ethnic groups in several thousand years of agricultural production and life practice,created by the colorful precious spiritual and material wealth,because of the not only of its spiritual value may bring,more a symbol of a nation’s heritage,is the treasure of a nation and a country.Traditional knowledge does not represent the outdated practices that should be eliminated by The Times in the past thousand years.With a little research and development,many traditional knowledge can play an indelible role in modern society.When exploring how to protect the traditional knowledge related to genetic resources,the first thing to do is to clarify its concept,characteristics,as well as its existing relationship with genetic resources.Based on the definition of traditional knowledge about genetic resources in China and around the world,this paper summarizes their characteristics and their importance in biodiversity and strategic significance.Next to the countries all over the world to examine two protection modes,as well as the analysis of existing problems,but the content of the genetic resources related traditional knowledge involved in medicine,agriculture,genetic resources,handicraft technology,and many other areas,and its protection needs composite,law,biology,anthropology knowledge special legislation to protect need to in-depth research and comprehensive consideration,therefore to protect its complexity,it goes without saying that on traditional knowledge related to genetic resources protection in China for a long time in the vacuum state,during the past one thousand two hundred years,Western developed countries have a large number of species resources in our country,collect and predatory activities,causing loss of a large number of valuable resources in our country abroad,biological genetic resources related to the loss of traditional knowledge phenomenon is serious,the study of international conventions,as well as all rivers run into sea,draw lessons from some typical national protected mode is more improved approach is particularly important.However,learning from others is not the same as learning from others.Every country has its own development situation and cultural environment.It is the top priority to provide comprehensive protection of the traditional knowledge related to genetic resources in China to absorb and summarize the advantages of the extratellitorial approach,and at the same time to create a conservation model suitable for China’s national conditions by planting in the soil.But to create a reasonable protection mode is never easy,not only need international cooperation more in need of the constant improvement of domestic law,the author in this article,from a new Angle to perfect the existing system of intellectual property rights,the advantages of the two protection modes,but also the need for the obligee and the Angle of biological diversity,the genetic resources related to the protection of traditional knowledge,put forward their own point of view,to the related traditional knowledge protection of genetic resources in our country to make a contribution. |
