Biodiv Sci ›› 2002, Vol. 10 ›› Issue (2): 243-246.  DOI: 10.17520/biods.2002033

• 论文 • Previous Articles    

Access to and benefit sharing from genetic resources and protection of intellectual property rights

WU Xiao-Min, XU Hai-Gen, ZHU Cheng-Song   

  1. 1 Nanjing Institute of Environmental Science,State Environmental Protection Administration of China,Nanjing 210042
    2 Institute of Industrial Crops,Jiangsu Academy of Agricultural Sciences,Nanjing 210014
  • Received:2001-09-13 Revised:2001-12-23 Online:2002-05-20 Published:2002-05-20

Abstract: With excessive utilization of genetic resources, decline of biological species resources and the increase of international exchange and cooperation, issues of access to intellectual property and sharing of benefits from genetic resources have received greater attention from the international community. Based on clause 15 of the Convention on Biological Diversity and the general practice for access to and benefit sharing from genetic resources in the international community, the present situation of protecting and utilizing genetic resources in China and the relationship with intellectual property rights were analyzed. Establishment and improvement of the patent system for intellectual property, the management system and the market mechanism for the conservation and utilization of genetic resources are proposed for the purposes of protecting and sustainably utilizing genetic resources. Finally a case study on the access to and benefit sharing of soybean genetic resources between a Chinese company and the Argentinian NIDERA company is analyzed.