On the Optimization Path for Legal Mechanism for Benefit-sharing to Biological Genetic Resources

The fair and just benefit-sharing of biological genetic resources is of strategic significance for biosecurity. There are some deficiencies in the benefit-sharing mechanism for biological genetic resources in China, which are mainly reflected in the following three aspects: the functioning of benefit-sharing, the scope of regulation and the mode of regulation. It is necessary to adopt appropriate legal theory, establish the principle of whole-process supervision, adjust the regulation scope of benefit-sharing mechanism, properly classify the information of benefit-sharing and strengthen the supervision to benefit-sharing agreement, so as to balance the conservation and the rational utilization of biological genetic resources, reconcile the interest conflicting in the benefit-sharing process. Only with these measures could it be possible to achieve rational and efficient use of biological genetic resources.