Introduction: Pharmaceutical and biotechnology companies in developed Western countries have used various means to plunder a large amount of genetic resources from China and have made huge profits through the research and development of these genetic resources. According to statistics, the ratio of introduction and export of biological genetic resources in my country is approximately 1:10. Brazil is very tough on "biopiracy" and has enacted a law to codify the control of commercial activities that exploit native species. According to the law, those "biopirates" who do not have permission or do not share benefits with the country or local communities will face fines of up to 20 million US dollars. This new law provides detailed provisions for 10 crimes and a series of penalties, and is jointly enforced by the Brazilian Renewable Resources and Environmental Protection Agency (IBAMA) and the Brazilian Navy. The law explicitly prohibits the unauthorized export of Brazilian species; fines range from 2 million to 50 million Brazilian reals (equivalent to 850,000 to 20 million US dollars); fines will be doubled in cases involving endangered species. Other penalties include: Samples obtained without permission will be confiscated, and products derived from local organisms must stop selling, stop registration, and terminate patent rights.

The ownership of genetic resources is confirmed in Article 225 of the Brazilian Federal Constitution: People have the right to an ecologically balanced environment, which constitutes "indispensable for the inherent healthy quality of life of every collective." The people own the same property, and this property should be protected and preserved for the benefit of the present and future generations." By virtue of this provision and the special nature of genetic resources, Brazil already considers this resource to be the patrimony and inherited property of the federal government.

In 1992, according to the presidential directive, Brazil established the Genetic Resources Management Committee (CGEN) composed of eight government departments including the Ministry of Environment, Ministry of Health, and Ministry of Agriculture. Several scientific research institutions are dedicated to research and local culture. The Secretariat is also involved. CGEN formulated and promoted the implementation of Brazil’s “National Biodiversity Conservation Strategy and Action Plan”, released a list of endangered animals and plants, and determined priority areas and corresponding management practices for national protection and sustainable utilization and fair sharing of biodiversity benefits. , implemented national strategies and regional action plans for the control of invasive alien species.

At the same time, with the support of the World Bank and the World Conservation Union, Brazil has also implemented a biodiversity corridor protection plan. In recent years, it has drafted bills on the protection of biological genetic resources and products and traditional knowledge. In response to the rapid development and expansion of production and application of biotechnology, especially genetically modified biological technology for agricultural development, Brazil has also responded quickly and formulated regulations such as the Biosafety Law and the Transgenic Commodity Trade Law.

Regarding relevant traditional knowledge, Brazil also has clear legal provisions: if traditional knowledge is used for publication or promotion, its origin must be indicated; unauthorized third parties are not qualified to use or test this knowledge. and conduct related research and development, and cannot promote and publish information about traditional knowledge, etc.

In order to prohibit unauthorized persons from accessing and using biological resources and traditional knowledge, Brazilian customs and law enforcement authorities have carried out continuous crackdowns and inspections at all ports and airports. In short, Brazil is stepping up efforts to "build embankments" in all aspects to intercept the outflow of biological resources. CGEN is an organization created in response to scientific exploration, technological development and biological exploration involving biological resources and related traditional knowledge.

Brazil’s existing act on access to genetic resources stipulates that genetic resources and derivatives are regarded as the public property of Brazilian nationals with special purposes, and contracts for the acquisition of these resources should be formulated in accordance with the law. Regardless of whether these resources and products are material or immaterial. The bill further stipulates: “It shall be ensured that owners and holders of the goods and rights referred to in this article shall be able to share fairly and equally, in accordance with the conditions specified in this Act, the rights derived from access to genetic resources, access to indigenous peoples and local communities Traditional knowledge related to genetic resources and derived products and benefits derived from access to Brazilian localized and semi-localized crops.

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Brazil insists on implementing the priority licensing rights for access to genetic resources and the principle of ‘access to genetic resources and related traditional knowledge and benefit sharing’, and uses this as a legal basis. Only CGEN has the qualifications to grant priority licensing.

In Brazil, the transfer of biological resource specimens to other regions in the country or somewhere abroad must be strictly carried out in accordance with the "Material Use Transfer Agreement". Even secondary samples must comply with this rule. In addition, biological genetic materials. The use of biological heritage materials also requires permission from the individual owner or government agencies. The permission of the private owner is exempted for wider scientific research purposes, but must be authorized by CGEN.

To coordinate the two different concepts of priority and priority informed consent, CGEN's operations are constantly adjusting. But when it comes to the economic benefits generated by the utilization of genetic resources and traditional knowledge, Brazil insists on "access to and benefits from genetic resources and related traditional knowledge." The principle of "sharing" has not been relaxed.

In August 2002, Peru established a "collective knowledge protection system related to indigenous peoples and biological resources." At the same time, Peru also adopted a series of measures to reduce "bad patents" The specific measures to prevent bio-piracy include:

1. Establish a special working group to investigate foreign patent applications and patents related to "maca"

Ma. Lepidium Meyenii, also known as Lepidium Meyenii, is a plant cultivated by the Inca people in Peru for generations. It has long been used as a fertility-promoting drug and has been slightly modified by some pharmaceutical companies and applied for patents in the United States, Europe, Australia, etc. Some of it has also been patented. The patent was granted. This caused great dissatisfaction among the tribes in the Andes region, and Peru established a special working group to investigate. This working group was established by the National Institute for Competition Defense and Intellectual Property Protection (INDECOPI) to investigate Peru. The working group has made a report titled "Patents involving Maca: Peru's response" and submitted it to WIPO's "Intellectual Property and Genetic Resources and Traditional Knowledge". The Fifth Meeting of the Intergovernmental Committee on Folklore and Folklore.

2. Peru has established a National Anti-Biopiracy Committee, which is responsible for investigating foreign patent applications and patents related to the misappropriation of Peruvian genetic resources and related traditional knowledge

According to Law No. 28216 of May 1, 2004, Peru established the National Commission for the Protection of Peruvian Biodiversity and the Collective Knowledge of Indigenous Peoples (referred to as the National Anti-Biopiracy Commission), which is managed and cooperated by INDECOPI. Composed of representatives of relevant agencies, including: the Ministry of Foreign Affairs, the Ministry of Foreign Trade and Tourism, the National Environmental Council, the Export Promotion Council, the National Natural Resources Agency, the Agricultural Research and Extension Agency, the National Potato Center, the National Center for Culture and Health, the National Andean, Indians of the Amazon, Afro-Peruvian Council, Congress of National Managers, Peruvian Environmental Law Association (representing non-governmental organizations), and Peruvian Natural Products Association (representing business organizations).

The main tasks of the Peruvian National Anti-Biopiracy Committee are:

1. Establish a register of biological resources and traditional knowledge;

2. Provide protection against biological Pirates;

3. Identify and track foreign patent applications and patents that utilize Peruvian biological resources or indigenous collective knowledge;

4. Conduct technical evaluations of the above applications and patents;

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5. Make a report on the case studied;

6. Initiate opposition or litigation proceedings against the above-mentioned patent applications and patents;

7. Contact the world's major intellectual The IP Office establishes information exchange channels;

8. Make recommendations in different forums to protect Peru’s national interests.

An important activity of the Commission is the identification of potential cases of biopiracy involving Peruvian biological resources and traditional knowledge. To this end, it has launched a long-term research and monitoring system.

In 1999, the Ministry of Medicine and Health of India established a special working group to draft a report on the development and establishment of the Traditional Knowledge Digital Library (TKDL).

The main initiator of this project, Shri V.K.Gupta, is the director of the National Institute of Science Communication and Information Resources (NISCAIR) and the former senior technical chief engineer of the National Information Center of India. The project was approved by the Cabinet Committee on Economic Affairs of India in January 2001. The project is currently managed by NISCAIR, Ministry of Science and Technology, Ministry of Health and Family Affairs, Department of Indian Medicines and Health (D/oIAM&H) and Department of Industrial Policy and Promotion (DIPP) It was developed in cooperation with the company and implemented by NISCAIR. A team of Indian Ayurvede experts, patent examiners, IT project assistants, scientists and technical officers from NISCAIR invested a lot of time in executing the relevant work. The first phase of the project was completed in August 2003. Once it is put into use, it will legitimize existing traditional knowledge and protect this information from being patented. It can effectively prevent biopiracy.

TKDL will actually integrate all of Unani, Siddka, Yoga and Naturopathy. It includes preparations translated from ancient Ayurvedic texts with original images. TKDL collates existing documentation of traditional knowledge, including Ayurvedic medicine, into digital form by sifting and comparing knowledge available in the public domain in five international languages, including Hindi. Its first phase aims to incorporate information on 36,000 slokas (Verses) preparations of Ayurvedic medicine into TKDL. The Ayurvedic medicine book and the information on the Ayurvedic medicine preparations in the book have been digitized and all the slokas preparations have been translated into English, French, German, Spanish and Japanese. In this way, patent examiners around the world can easily search for information related to TK in 5 languages. The TKDL project documents traditional knowledge that is available to the public. It screens and organizes traditional knowledge information in existing documents. TKDL can be used both for modern retrieval and for the protection of traditional knowledge.

Guizhou Province took the lead in formulating my country’s first intellectual property protection regulations for traditional knowledge. The "Regulations on the Protection of Intellectual Property Rights of Traditional Knowledge in Guizhou Province" (first draft), which was first formulated by Guizhou Province, has been included in the 2007 legislative research plan of the Guizhou Provincial People's Government. An Shouhai, deputy director of the Guizhou Provincial Intellectual Property Office, said that the drafting and formulation of this regulation will be an important breakthrough in my country's use of legal means to protect traditional knowledge.

Yu Wenming, deputy director of the State Administration of Traditional Chinese Medicine, proposed: establishing a protection and utilization system suitable for the development of traditional Chinese medicine; revising the "Patent Law", "Trademark Law", "Copyright Law" and other laws. Provisions that are conducive to the protection of traditional knowledge; revise and improve the "Regulations on the Protection of Traditional Chinese Medicine Varieties" and the "Regulations on the Protection and Management of Wild Medicinal Material Resources".

Genetic resources are considered the unique heritage of mankind and should be used free of charge, because the end products derived from them or developed may be beneficial to more social groups and even mankind as a whole. However, genetic resources have clearly impacted agricultural production worldwide, benefiting all of humanity. Therefore, in the past, the interests of resource countries were not taken into account in the use of genetic resources. If end-products derived from genetic resources become increasingly protected by intellectual property rights, huge benefits will accrue exclusively to patent owners, while the countries providing genetic resources will not receive any direct or indirect benefits in return. Proactively preventing and combating biopiracy should be considered one of the main objectives of the International Conference on Biodiversity. The top priority is for the international community and every country to take action against bio-pirates.