Institution dilemma and optimization pathway for accessing Chinese materia medica genetic resources and benefit-sharing
Chinese materia medica genetic resources are important biological and health resources.With the increasing reliance on Chinese materia medica genetic resources in various fields,bio-piracy against Chinese materia medica genetic resources is becoming more and more frequent and has posed a threat to China's ecological security and the rights of people's lives and health.However,the system of the source disclosure of genetic resources established by China's Patent Law,as well as the use of contractual mechanisms to achieve access to Chinese materia medica genetic resources and benefit-sharing,are both inadequate and unable to effectively deal with the problem of bio-piracy.Therefore,in order to safeguard the rights and interests,China,as a party to the Convention on Biological Diversity and the Nagoya Protocol,should formulate or improve the domestic laws following the legal rules established by the above-mentioned international treaties and China's national conditions.Related initiatives may include taking the source disclosure as a formal condition for the patent grant,expanding the target and scope of the disclosure,and imposing legal liability for defect disclosure;clarifying the subjects of rights to Chinese materia medica genetic resources,and introducing public authority to"monitor"the signing and implementation of contracts to ensure fair and equitable benefit-sharing.
Chinese materia medicaaccess and benefit sharing of genetic resourcesinformation disclosurecontractsbio-piracy
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维普
