According to the Nagoya Protocol, those who access and utilize the genetic resources should ask permission beforehand and equitably share of the benefits with the owners of genetic resources. Thus, the determination of the owners of genetic resources is an important issue. Although the Nagoya Protocol stipulates the sovereign rights of States over their natural resources, it doesn’t mean that the genetic resources must be owned by the States according to their domestic laws. As China approves and joins the Nagoya Protocol, the structure of access togenetic resources and benefit-sharing system becomes more of a priority. Therefore, how to determine the ownership of genetic resources in China is to be of paramount concern. Some researchers have published essays on this question.

Fengqin LI in her essay published in 2016 noted that the sovereign rights of States over their genetic resources do not mean that the genetic resources must be owned by the State according to their domestic law. The main value of genetic resources is the genetic information, but there are two different concepts of occupied biological resources and possessed genetic resources. There are three models confirming the ownership of genetic resources in the world: owned by land owner, owned by the State or owned by the community. We are unable to determine the ownership of genetic resources from existing legislation of China, which needs to be clarified in future legislation. China is still in the status of providers ofgenetic resources. The genetic resources are closely related to the publicinterest, so the genetic resources of our country should be owned by the state．(On the State Ownership of Genetic Resources, Journalof Henan University of Economics and Law, 2016-6)

While Xuxia LIU and Yatong ZHANG discussed the necessity and importance to create a special right from the perspective of agricultural genetic resources. They point out that with the increasingly fierce competition of the Knowledge-based Economy, knowledge innovation, which improves the information value, is becoming more and more important. Agricultural Genetic Resource has multiple values, such as the property right and the information, and well as other values. It is a kind of significant resource in strengthening the competitiveness of the Knowledge-based Economy. However, due to various weaknesses in our current Agricultural Genetic Resource development, such as uncertainty in ownership and lacking of right protection, the usage and protection of Agricultural Genetic Resource are facing extremely severe situation. While continue to improve the relevant international treaties, this paper intends to suggest a right protection system for Agricultural Genetic Resources. It involves the creation of a special right for Agricultural Genetic Resources, making clear the relationships between the special right and the Agricultural Genetic Resource, demonstrating the characteristic, the subject and object of the agricultural genetic resource right, and clarifying the scope of the Agricultural Genetic Resource right, etc. ( The Protection of Right of Agricultural Genetic Resources, Intellectual Property, 2016-8)