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Legal issues of plant genetic resources in the international coordination

Author: WangZhan
Tutor: ZhangNaiGen
School: Fudan University
Course: International Law
Keywords: Plant Genetic Resources International Coordination Intellectual property rights The balance of interests
CLC: D997.1
Type: Master's thesis
Year: 2011
Downloads: 56
Quote: 0
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Abstract


With the development of biotechnology, plant genetic resources is increasingly becoming an important strategic resource. Throughout the world, the plant biotechnology for the developed countries to grasp, plant genetic material is heavily concentrated in the developing world. This leads to both conflict of interest with the game on the sharing of the results of the genetic material utilization. This paper is divided into three chapters. The first chapter discusses the use and balance of interests of Plant Genetic Resources. Use of plant genetic resources in the international legal status is unclear, and the international expansion of the intellectual property system in the old international legal system, developed countries, by the the biopiracy way to steal the accrued benefits enjoyed by developing countries share, exacerbated biodiversity the crisis and environmental problems, leading to the interests of imbalance. In this context, a series of international efforts to limit intellectual property and equitable sharing of benefits, excessive expansion has been ongoing. The second chapter focuses on the study of plant genetic resources in the international coordination. The adoption of the 1992 Convention on Biological Diversity \In addition, the Convention established a the international bilateral mechanism as the main content of the prior informed consent and mutually agreed terms to plant genetic resource utilization, promoting resolved by agreement between the members of the plant genetic resource access and benefit sharing. In practice, however, due to operational difficulties as well as the parties to the agreement in terms of information and the ability asymmetric, bilateral mechanisms seem fair but could cause actual unfair, and thus has been criticized by some developing countries. These countries seek to establish the international regime on access and benefit-sharing, in order to overcome the above drawbacks of the bilateral mechanisms. The negotiation process lasted long, as the fulfillment of the 2010 Nagoya Protocol was finally recognized principles of the need for the establishment of a global multilateral benefit-sharing mechanism. Relative slow progress with this, the field of genetic resources in agriculture and food plants, in view of its special importance to human, the Food and Agriculture Organization of the United Nations in 2001 by international treaty for food and agricultural plant genetic resources, and to establish the class of plant genetic resources to take advantage of the international multilateral mechanism. In addition, taking into account the intellectual property rights are the main aspects of the commercial utilization of genetic resources, the level of play of the effectiveness of these two major mechanisms also depends on its coordination with existing international intellectual property system (mainly with the Trade Related Intellectual Property Rights Agreement \International negotiations in this regard and academic study has been carried out. The third chapter has highlighted the country's legislation and improvement recommendations. China as a plant genetic resources in the country, has joined the Convention on Biological Diversity and actively participate in relevant international negotiations, also made a series of efforts to plant genetic resources in the interests of the protection of domestic legislation, such as the new patent law its Implementing Rules as well as the amendments to the patent examination guidelines \However, China's current legal system in the logical system is not very tight, there is still space to refine and improve. In addition, China is a traditional agricultural country, has not yet joined the International Treaty on Plant Genetic Resources for Food and Agriculture \

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