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知识产权制度与生物遗传资源获取和惠益分享机制具有天然联系,两者不仅创设理念一致,同时也是公平、公正地实现后者的重要方式。面对国际和国内生物资源、遗传资源及相关传统知识获取管制严峻形势和压力,我国应尽快制定、创设获取管制中央层面立法与行政监管体制、适时推行自愿性指南与示范性合同,同时还应尽快启动知识产权相关法律的修改。
The intellectual property system has a natural connection with the mechanism of access and benefit-sharing of biological resources, both of which not only create the same concept but also an important way to realize the latter in a fair and equitable way. Faced with the grim situation and pressure on the control of biological resources, genetic resources and related traditional knowledge, both at home and abroad, China should formulate and establish a regulatory and administrative regulatory system at the central level as soon as possible, implement voluntary guidelines and model contracts in due course, As soon as possible to start the intellectual property law-related changes.