Journal of Northeastern University(Social Science) ›› 2012, Vol. 14 ›› Issue (5): 443-448.DOI: -

• Law • Previous Articles     Next Articles

Genetic Resources: from Biopiracy to Fair Access and Benefit SharingA Legislative Perspective

GU Haibo, SUI Jun   

  1. (School of Humanities & Law, Northeastern University, Shenyang 110819, China)
  • Received:2011-12-27 Revised:2011-12-27 Online:2012-09-25 Published:2014-12-23
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Abstract: Biopiracy is harmful to the countries and owners of genetic resources, and goes against the protection of biological diversity. To avoid biopiracy, the relevant international conventions have established the principles of access and benefit sharing of genetic resources. It is great progress; however, detailed plans and specified enforcement mechanisms are still to be developed. The key to improving the relevant international legislation is to make the principles of access and benefit sharing of genetic resources enforceable. For this purpose, countries of abundant genetic resources have been dealing with this issue and made great efforts in their domestic legislation. China, one of such countries, is supposed to attain the goal via special legislation of access and benefit sharing of genetic resources, and duly modify the domestic laws and regulations of biological resources protection by fairly and reasonably supplementing or adding special clauses of access and benefit sharing in unison with different characteristics of biological resources.

Key words: genetic resources, biopiracy, fair access, benefit sharing

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