尽管在基因的可专利性问题上仍存有争议,但各国的立法和司法实践已经做出了带有明显倾向性的举动。然而,在基因资源提供者参与分享基因专利利益方面却没有那么幸运,在分享的法哲学基础、法律上的可操作性以及分享的具体模式方面还有大量工作要做。文章对上述问题进行了详细地分析和探讨。 Despite the controversy over the patentability of genes, legislative and judicial practice in various countries has taken a clearly directional move. However, it is less fortunate that genetic resource providers are involved in sharing the patent interests of genes, and much work needs to be done on the basis of legal philosophy, legal operability of sharing, and specific patterns of sharing. The article has carried on the detailed analysis and the discussion to these questions.