我国人类遗传资源保护中的事先知情同意法律制度分析-analysis of the legal system of prior informed consent in the protection of human genetic resources in china.docxVIP

第五章是涉及人类遗传资源保护的事先知情同意的立法建议。首先介绍了涉及人类遗传资源保护的事先知情同意的国际规范，然后通过对现有《专利法》和《人 类遗传资源管理暂行办法》相关规定的分析，对正在修订的《人类遗传资源管理条 例》提出了一些立法建议，以期能对我国事先知情同意制度的完善有所帮助。关键词：人类遗传资源 事先知情同意 《人类遗传资源管理暂行办法》AbstractWith the rapid development of biotechnology, Nowadays the studies of human genetic resources have shown the ability of making huge Profits.Because human genetic resources are very 1imited resources，lots of multinationalmedicine or biotech companies and institute had patented thousands of human DNA sequences. As to these developing countries that have lots of human genetic resources and are so weak at biotech and the state of econoly, how to protect their human genetic resources becomes an important task and challenges.Convention on Biological Diversity was first introduced in the Prior Informed Consent as the system of protection of genetic resources, it provide the protection of human genetic resources of developing countries ,and relevant international conventions, international norms and other countries legislation have accepted PIC. That Chinas legislation on protection of human genetic resources is a serious shortage and the rule of PIC is very rough is resulting in serious loss of human genetic resources in China. In this article, I tried to explain the important of PIC on the protection of human genetic resources, and combined with Chinas national conditions and legislation , so that I can provide some advice on PIC to protect our human genetic resources.The artic1e has five parts.PartⅠis an overview of human genetic resources. It contains three parts: the concepts of human genetic resources and related concepts of biomedical and the features of human genetic resources and the international legal status of human genetic resources.Part Ⅱ explains the functions of prior informed consent in the human geneticresources protection. It contains three parts: the historical evolution of prior informed consent , the principle of application and the scope of appli