What does "genetic resources" mean in the patent law?

Genetic resources are important strategic materials of the country, which are related to the basic resources of the national economy and people's livelihood. The generation of genetic resources is not a one-off event, but a long-term process, which is often not just the cultivation and protection of current holders, but a process of several generations, dozens of generations, hundreds of generations or even longer.

Genetic resources (genetic resources)

According to the regulations of the State Environmental Protection Administration of China, biological genetic resources refer to any substance with genetic function with actual or potential practical value, including DNA, genes, genomes, cells, tissues, organs and other genetic materials and related information of animals, plants and microorganisms. [ 1]

Article 2 of the Convention on Biological Diversity stipulates that "genetic resources" refer to genetic materials with actual or potential value. "Genetic material" refers to any substance containing genetic functional units from plants, animals, microorganisms or other sources.

The generation of genetic resources is not a one-off event, but a long-term process, which is often not just the cultivation and protection of current holders, but a process of several generations, dozens of generations, hundreds of generations or even longer; In addition, genetic resources depend on the local ecological environment and are closely related to the lifestyle, customary practices and practices of local indigenous people and local communities.

Three principles of genetic resources

(a) the principle of national sovereignty

(2) The principle of prior informed consent

(3) the principle of benefit sharing

Relationship among genetic materials, biological materials, biological resources and genetic resources

An organism must contain genetic information, but genetic material is not entirely biological material. For example, the nucleic acid purified and separated from the leaves of Taxus chinensis in a test tube can be said to be genetic material, which is the genetic information for producing paclitaxel, but there is no biological material such as paclitaxel in the test tube. Sometimes it is difficult to distinguish between genetic resources and biological resources. For example, living plant materials exported abroad as flower materials are used as cut flowers, and biological materials are used. However, if someone takes seeds or analyzes their medicinal components, it is genetic resources. Similarly, when weeds are collected in the wild and eaten as herbs, biomaterials are used as medicines and sold. Although they are also biological materials, they may be used as genetic resources in the future if people are willing to buy them back for reproduction.