Analysis and Examination of Protection of Genetic Resources and Profit Sharing

Convention of Biological Diversity is aimed at "the fair and equitable sharing of the benefits arising out of the utilization of genetic resources" with countries providing genetic resources. Based on Convention of Biological Diversity, the protection of genetic resources is discussed at the international conferences. This issue should be discussed in terms of economic analysis because this issue includes aspect of economics - the sharing of benefit arising from the use of genetic resources. The author shows some economic analysis in biodiversity field after focusing on some legal and international issues and finally discuss some cases for the benefit sharing. These cases are 1)direct contracts, 2)revision of IP system and 3)Sui Generis. Each pharmaceutical company who use genetic resources should plan several intellectual property strategies according to those 3 cases, and choose the suitable strategy from them.