Access to and benefit sharing from genetic resources and protection of intellectual property rights
遗传资源获取和利益分享与知识产权保护

With excessive utilization of genetic resources, decline of biologcal species resources and theincrease of international exchange and cooperation, issues of access to intellectual property and sharing ofbenefits from genetic resources have received greater attention from the international community. Basedon clause 15 of the Convention on Biological Diversity and the general practice for access to and benefitsharing from genetic resources in the international community, the present situation of protecting and utili-zing genetic resources in China and the relationship with intellectual property rights were analyzed. Estab-lishment and improvement of the patent system for intellectual property, the management system and themarket mechanism for the conservation and utilization of genetic resources are proposed for the purposes ofprotecting and sustainably utilizing genetic resources. Finally a case study on the access to and benefitsharing of soybean genetic resources between a Chinese company and the Argentinian NIDERA companyis analyzed.