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Plant Genetic Resources(PGRs) are very important to our life. There are many regulations on protection of PGRs in national and international levels. But this article aims at the reviewing protection of PGRs on TRIPs agreement and the introduction of desirable solutions on TRIPs agreement. The related areas to the protection of PGRs that are the protection of technologies in a technology transfer context, including the area of compulsory licensing, and the area of patenting of life fonns, most particularly biotechnology generated life forms. The TRIPs agreement constitutes the most comprehensive and extensive intellectual l〕r야〕eπy rights(IPRs) regime ever adopted in the world. This comprehensiveness includes the requirement, subject to the exception, to allow for IPRs protection for all technologies. The standards set out for IPRs are minimum standards, which can be exceeded by parties, but a member cannot be obliged to provide a more extensive protection. And they are to be implemented and enforced through the legal system and practise of each country. First related area is specially in relation to patents on life fom1s, Art. 27‘ 3( b) of TRIPs agreement provides the exclusion from mandatory patenting of plants and animals, other than micro organisms, when based on essentially biological process‘ A further sti1] ulation appears in relations to plant va끼et i es . Members are required to provide either patent or sui generis protections. Developing countries had been opposed to either of these two required approaches. The provision of Art. 27. 3(b) is the only l] rovision in TRIPs made subj ect to an early revi sion, through a four year review period, a period even shorter than the im1] lementation period for the developing countries for this provision. Second related area is compulsory licensing. Such licensing remains available under TRIPs, subject to provisions that limit their modalities, but not their grounds. These grounds could include reasons of public interest, public health or nut끼tion, anti competitive practises, and to ensure access to environmentally sounds technologies. Third related area is the debate that IPRs promote or hinder transfers of technologies. There is different opinions in developed and developing nations. Conclusionally, suggest that the related to protection of PG Rs of TRIPs agreement should be amend to beneficial between developed and developing nations. That suggestions include the changing of existing IPRs regime for the protection of indigenous and local communities' traditional knowledge, the development of legal binding model for the protection of the provider and user relevant to access to PG Rs, and the amending of provisions of TRIPs related to PGRs for harmonize with the CBD.
