Ning QingtongJournal of Jishou University (Social Science Edition) 2014,35(6)

【Abstract】

China is rich in bio-geneticresources. However, the protection for native genetic resources is far fromsatisfaction. Genetic resources possess specific properties different frombiological resources, therefore we should first make clear their property ownership,which is significant to give play to their financial values, to protect theowner’s legislate rights and interests and the state’s sovereignty of nativegenetic resources, to standardize the development and utilization, and toperfect the protective system. Principles of territory and principles ofsubordinate carrier should be followed in determining the ownership of nativegenetic resources; in China, the subject of ownership of native geneticresources is the country as well as collective organization.

This article can be divided intofour parts:

The first part introduces theconnotation and features of native genetic resources. The content of nativegenetic resources is the general term of the entire original gene which couldbe found and used by human in their natural state. One feature of the nativegenetic resources is that it is a kind of natural resources; besides, it has ahigh degree of scarcity; the distribution of it is unbalanced; it has specialand great application values.

The second part introduces thesignificance to make the property ownership of nativegenetic resources definite. It needs to carry out and reflect the nationalsovereignty of native genetic resources. There is a need to protect thelegitimate rights and interests of ones who are the holder of the nativegenetic resources.There is a need to regulate the acquisition, utilization,protection and administration relationship of native genetic resources.Otherwise, it contributes to the perfection of the native gene resources legalprotection system.

The third part introduces the basicmodel of property ownership of native genetic resources in various countries.There are two models. (1)The ownership belongs to all of biological carrier.(2)The ownership belongs to the country.

The final part introduces therational choose of the property ownership of native genetic resources in ourcountry. (1)Confirming the principle of the property ownership of nativegenetic resources. It includes the principle of territory and principle of subordinatecarrier. (2)Country is the subject of ownership of native gene resources.