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Biological Genetic Resources Model of Intellectual Property Protection

Author: LiuLin
Tutor: WangGan;LuoShiChun
School: Huazhong University of Science and Technology
Course: Legal
Keywords: Genetic resources Convention on Biological Diversity Intellectual property rights Benefit
CLC: D923.4
Type: Master's thesis
Year: 2010
Downloads: 127
Quote: 0
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Abstract


Genetic resources, intellectual property protection is the current hot topic , developed and developing countries in the commercialization of genetic resources, benefit sharing after use , because of the economic benefits generated by the more prominent contradictions , controversial . In the United States , the European Union , represented by the other modern biotechnology developed countries urged to share and rational development of global genetic resources and intellectual property rights , according to the mature innovative systems to protect their intellectual achievements made ??to developing countries greater entry barriers and barriers . And in Brazil, India and other biological genetic resource-rich but now biotechnology is lagging behind the national level , the developed countries to resist such a request , and fight for the same biological genetic resources developed for commercial utilization outcomes benefit-sharing . Of both genetic resources are relatively rich country, but also of modern biotechnology in developed countries. Although China's current environmental and resource protection laws and intellectual property laws and regulations than more, however, these management system is a bit confusing , do not form an organic whole, management efforts can not fully in place, some areas still vacant. Overall, our biological genetic resources in intellectual property protection mode is relatively backward, biological genetic resources for intellectual property protection system can not be established , you need to place more with international standards . Genetic resources, intellectual property protection mode can be used in many ways , generally a franchise model, models of new plant varieties , trade secrets forms , trademarks and geographical indications mode. In this paper, the feasibility of these methods and their respective difficulties and restrictive analyzed, according to China 's national conditions and characteristics of the initial proposals put forward their own .

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CLC: > Political, legal > Legal > Chinese law > China and France > Intellectual property rights
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