基因资源的利用及其法律保护

Exploitation of gene resources and legal protection

基因资源是 2 1世纪人类发展的重要原动力。基因研究成果的取得需要两方面的要素 :研究者的智力劳动投入与基因拥有者的资源提供 ,两者的权益均需法律保护。对前者应当采用授予其发现权予以保护 ,对后者则应在充分尊重其知情权的基础上予以补偿。发展中国家在拥有丰富基因资源的同时 ,相应的法律保护却显不足 ,急需完善。

Gene resource is an important power to support the development of the human being in the 21st century. The research fruit on the gene is based on two factors: the researchers' intellect work investment and the gene resource supply of the gene owners, both of which should enjoy their rights in law. The former one should be protected by being granted with finding right, and the latter's knowledge right should be respected and the indemnity should be provided. Although developing countries have rich gene resources, their legal protection is deficient and is in urgent need of improvement.