Research on Intellectual Property Right Protection of Genetic Resources in China Under Benefit-Sharing

Genetic resources are the foundation for the development of the life science industry, and benefit-sharing is internationally defined as an important regime for the use of genetic resources for all mankind's benefit. In the strategy of strengthening intellectual property rights (IPR), China clearly states that IPR legislation of genetic resources should be done in due course, and that the system of IPR protection of genetic resources and the system of access to genetic resources and benefit-sharing should be improved. Presently, the legislation is scattered and abstract, with insufficient operability and international integration, so it's urgent to optimize. On the one hand, it is necessary to improve China's IPR legislation of genetic resources for adapting to the development of China's genetic resources utilization technology and the practice of creation based on genetic resources, and to use IPR protection of genetic resources to restrict the illegal access of other countries to China's genetic resources through the benefit-sharing mechanism. On the other hand, the rules on prior informed consent and source disclosure in foreign countries should be taken into account, so as to prevent other countries from illegally controlling Chinese genetic resources and their derivatives under strict IPR application procedures for genetic resources.