摘要
In order to protect Chinese farmers' sharing benefits and make legal preparation for accession to the International Treaty on Plant Genetic Resources for Food and Agriculture, this paper analyzed differences between state sovereignty and ownership of genetic resources and between natural resources and plant genetic resources on farmers' land. Then, it studied the regulations of the United States, European Union and Indian on the ownership of plant genetic resources on farmers' land. On the basis of the analysis and study, the authors stated that the sovereignty of plant genetic resources can not replace the ownership system. The plant genetic resources on farmers' (community) land should be in the possession of farmers or communities, which should be confirmed by the State.
In order to protect Chinese farmers' sharing benefits and make legal preparation for accession to the International Treaty on Plant Genetic Resources for Food and Agriculture, this paper analyzed differences between state sovereignty and ownership of genetic resources and between natural resources and plant genetic resources on farmers' land. Then, it studied the regulations of the United States, European Union and Indian on the ownership of plant genetic resources on farmers' land. On the basis of the analysis and study, the authors stated that the sovereignty of plant genetic resources can not replace the ownership system. The plant genetic resources on farmers' (community) land should be in the possession of farmers or communities, which should be confirmed by the State.
基金
Supported by the Entrusted Project of Institute of Crop Sciences of CAAS(2011)"Study on Legal Adaptability of China's Accession to the International Treaty on Plant Genetic Resources for Food and Agriculture"
