Dilemma and Solution of Intellectual Property Protection of Biological Genetic Resources

Abstract

The intellectual property protection of biological genetic resources has attracted the attention of many countries, but there are still many difficulties to be solved. At present, the main dilemma lies in whether they are the object of intellectual property protection. Based on the classification of biological genetic resources, the invention based on genetic resources or the invention using their processing, as well as the novelty and originality of digital sequence information, etc., will be included in the scope of protection. In the specific institutional structure, we need to establish basic guiding principles, and solve a series of problems, on this basis. The principle of equity should be applied to coordinate the conflict between the owners and the beneficiaries of genetic resources, and the quality of the system should be tested by whether it can promote biodiversity. The subject of their rights should be limited to the state or the community, and the scope of its power should be limited to four aspects, such as “labeling, control, income, and disposal,” and the standardized use of data should be dealt with through the blockchain technology and the laws and regulations of the digital economy.