论生物遗传资源获取和惠益分享机制与知识产权制度

The Thesis on the Regime of Access and Benefit-sharing and Intellectual Property

知识产权制度与生物遗传资源获取和惠益分享机制具有天然联系,两者不仅创设理念一致,同时也是公平、公正地实现后者的重要方式。面对国际和国内生物资源、遗传资源及相关传统知识获取管制严峻形势和压力,我国应尽快制定、创设获取管制中央层面立法与行政监管体制、适时推行自愿性指南与示范性合同,同时还应尽快启动知识产权相关法律的修改。

The relationship between the IP and the regime of access and benefit-sharing is obvious and naturally. Not only the same as the theoretical basis of the two regimes, but also the regime of intellectual property could be the crucial way to ensure the equally and equitable access and benefit-sharing. Faced with the seriously situation and pressure on administrative regulation on access to biological resource, genetic resource and associated with traditional knowledge, China should stipulate establish the central legislation associated with access and benefit-sharing also competent authority in a hurry and should amend the IP laws, implement voluntarily guidelines or model contract in a quick step.