Abstract
With the improvement of Biotechnology, genetic resources have become one of the important resources in the world. However, there are many disputes occurred due to the unbalanced distribution of genetic resources in the world, such as the biopiracy cases in the early 19th century. To solve the disputes incurred by the unbalanced distribution of genetic resources, international society passed the Convention on Biological Diversity (CBD) in 1992 which recognized the national sovereignty over the genetic resources, and raised the concept of Access to Genetic Resources and Benefit-sharing (ABS). Hereafter, many states began to develop the domestic ABS legislation according to CBD. This article begins with the history of genetic resources controversy, the background of CBD enactment, and ABS regulations under the framework of CBD. Through the analysis of information mentioned above, several basic principles of ABS, including sustainable development, justice, public participation, legal certainty, and access facilitation, are identified. Moreover, this article introduces the ABS implement experiences of Costa Rica, Philippines, Andean Community/Columbia, and Malaysia, including both the domestic legislation and ABS practical cases. Based on the domestic legislation, the ABS legislation of those countries is quite similar. However, the effects of ABS in those countries are very different according to the ABS practical cases. The author thought the different benefit-sharing stratedgy is the major factor that affects the effect of ABS practical cases. To clarify the relevance between the benefit-sharing requirement and effects of ABS regime, this article analyzes the benefit-sharing measures adopted by Costa Rica, Philippines, Andean Community/Columbia, and Malaysia, and classifies those measures. Then, we can examine different classification of benefit-sharing measures with basic principles of ABS and effects of ABS practical cases to find out the best benefit-sharing strategy of the state. At last, this article compares the best benefit-sharing strategy of the state with the strategy of Taiwan based on the draft of the Genetic Resources Law, and trys to make some suggestions to the draft.