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Intellectual property problems of biodiversity in multi-dimensional perspective

Lin Cai

Abstract

The characteristic of biodiversity is the country or national ownership of biodiversity resources, while intellectual property protects private interest and emphasizes privatization. The conflict between them directly results in the weak protection of biodiversity; as a result, many economic benefit disputes generates between the developed countries and the developing countries. Therefore, coordinating the correlation between biodiversity and intellectual property becomes especially important. Though the Convention on Biological Diversity (CBD), Trade Related Aspects Intellectual Property Rights (TRIPS) and International Union for the Protection of New Varieties of Plants (UPOV) convention have made stipulations, the complete coordination is still difficult to be realized due to the limitations. Biodiversity is impossible to be the object of intellectual property, but biotechnological products or traditional knowledge produced because of the application of biodiversity can be the direction of intellectual property protection. China which is a great power in aspects of biodiversity resources and biotech cutting-edge technology not only has to keep the biodiversity of China away from infringement, but also needs to positively involve in intellectual property laws formulation and international corporation, maintaining the common interests of the developing countries, and make contributions to the intellectual property protection of biodiversity.

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