遗传资源保护的权利设计及权利制度构建——-以《生物多样性公约》为中心.pdfVIP

遗传资源保护的权利设计及权利制度构建—— 以《生物多样性公约》为中心 Right Designing and Right System Structuring on Protection of Genetic Resources Centering on Convention on Biological Diversity Abstract With the rapid development of biological technology, the potential value of genetic resources for human has become more and more obvious. Therefore, issues arise on access and benefit-sharing of genetic resources. There have always been many disputes on how to use and protect genetic resources between developing and developed countries. Western developed countries with rare resources achieve genetic resources from developing countries with abundant resources, develop and study genetic resources using their advanced technology, and exclusively protect their technology achievements through intellectual property system designed carefully. Developing countries make much contribution to the development and utilization of genetic resources, but they share little and take a risk in this process. To solve the problem of access and benefit-sharing of genetic resources, Convention on Biological Diversity made framework agreements and specific implementations are worked out in the follow-up protocol on the convention. However, they only regulate behavior of using genetic resources on the level of legal operation, many basal theoretic problems related to genetic resources are still argued and even misunderstood. On the basis of international laws centering on Convention on Biological Diversity and the condition of our country, This paper will break through the traditional institutional barriers, do some deep analysis of the status of genetic resources in the resources law from the perspective of environment, research on the basal theory of genetic resources right such as the propert