Access and benefit-sharing of genetic
resources and associated traditional
knowledge
XUE Dayuan
College of Life and Environmental Science, Minzu University of
China (MUC)
Nanjing Institute of Environmental Science (NIES), Ministry ofEnvironmental Protection of China (MEP)
xuedayuan@hotmail.com
xuedayuan@hotmail.com
20102010- 0606-25

Contents
I. Objectives and hot issues of the Convention
Convention on Biological
Diversity (CBD)
II. Access and benefitbenefit-sharing of genetic resources
III. Access and benefitbenefit-sharing of traditional knowledge
VI. Work of the other related international conventions/treaties
V. What China has done and needs to do.

I. Objectives and hot issues of the
CBD
1. Three objectives of the CBD（1）Conservation of biological diversity（2）Sustainable use of its components（3）Fair and equitable sharing of the benefits arisingout of the utilization of genetic resources (andassociated traditional knowledge)
2. Two implementing methods：
Access to genetic resources + transferring
technology

I. Objectives and hot issues of theCBD
3. Hot issues of the CBD（1）Conservation (forest ecosystem, agricultural
biodiversity, marine, wetlands, dry and subsub-humid lands
biodiversity, protected areas scheme, etc. )（2）Sustainable usage of biological resources +technology transfer（3）GMOs biosafety（4）Invasive alien species（5）Access and benefitbenefit-sharing of the genetic resources（6）Access and benefitbenefit-sharing of the traditional
knowledge（7）Climate change and bioenergyII. Access and benefit-sharing ofgenetic resources in CBD
1. Principles and important regulations of the access of genetic
resources
Article 15, the Convention（1）Sovereign rights principle (the authority to determine access to genetic
resources rests with the national governments and is subject to national legislation)
legislation)（2）Prior Informed Consent (PIC
(PIC))（3）Mutually agreed terms (MAT)
MAT)(（4）Benefit Sharing (BS)BS)(
（5）Endeavour to develop and carry out scientific research in theContracting Party providing genetic resources（6）Cope with the relationship between IP and the access andbenefitbenefit-sharing of genetic resources

II. Access and benefit-sharing ofgenetic resources in CBD
2. Bonn Guidelines on access to genetic resources and thefair and equitable sharing of the benefits
Identification of the rights and responsibilities of the relationships
relationships between
Contracting Parties and stakeholders, providers and users of the genetic
resources;
Enriching the process and requirements of the “Prior Informed Consent”
Consent”;
Specializing the “Mutually Agreed Terms”
Terms” in Article 15, paragraph 7, of the
CBD
Bringing forward the National monitoring and reporting system
Identification of the relationship between the Guidelines and relevant
relevant
international systems;
Elements for Material Transfer Agreements (MTA) ;However, as voluntary guidelines, difficult to be implemented till
till now.
now.

II. Access and benefit-sharing ofgenetic resources in CBD
3. International Regime for access andbenefit sharing of genetic resources，ABS
The World Summit on Sustainable Development(South Africa, 2002) called for negotiation on
establishing an international system of enhancing
benefit sharing of genetic resources equitably andfairly under the framework of the CBD;

Reiterated in the Fifty-Seventh Session of the U.N.
General Assembly (December, 2002, New York),
World Summit of the UN (September, 2005, NewYork) and following UN General Assemblies.

II. Access and benefit-sharing ofgenetic resources in CBD
3. International Regime for access and benefit sharing ofgenetic resources，
resources，ABS
COP 7 Decision VII/19, 2004
Decides to mandate the Ad Hoc OpenOpen-ended Working Groupon ABS to elaborate and negotiate an international regime on
ABS, and adopting an outline of negotiation work, including
the process, nature, scope and elements of the international
regime.
Followed by two Ad Hoc OpenOpen-ended Working Groups on
ABS negotiating on the objective, nature, scope and elementsof the international regime on ABS, with little improvement.

II. Access and benefit-sharing ofgenetic resources in CBD
3. International Regime for access and benefit
sharing of genetic resources，ABS
COP8 (March 20 – 31, 2006, Curitiba of Brazil) ：The Ad Hoc OpenOpen-ended Working Group on ABS needs to continue thedrafting and negotiating work on the international regime on ABD,
ABD, and isrequired to complete aboveabove-mentioned work before COP 10 (2010). COP
8 also requires two working groups before the COP 9.
COP 8 decides “toto establish a regionally balanced ad hoc technical expert
group to elaborate possible options for an international certificate
certificate of origin,source and legal provenance”.
provenance Meeting of the Group of Technical Experts
on an Internationally Recognized Certificate of Origin/Source/Legal
Origin/Source/Legal
Provenance was held in January, 2007, in Lima, Peru, adopting thetheconcept of “certificate of compliance”
compliance”.

II. Access and benefit-sharing ofgenetic resources in CBD
3. International Regime for access and benefit sharing ofgenetic resources，
resources，ABS

ABSABS-WGWG-5 (October, 2007, Montreal, Canada)
No improvement on the text framework of the international regime,
regime, but
providing an opportunity for the contracting parties and stakeholders
stakeholders to
express their opinions and see the divergences among them.
ABSABS-WGWG-6 (January, 2008, Geneva, Switzerland) with breakthroughs:
Bring out the “roadmap”
roadmap” of to complete the work before the COP 10 of2010, or to submit the draft process decision on the following work
work ofnegotiating the international regime to the COP 9, which reminds the real
start of the negotiation on the ABS international regime.
Adoption on one annex to the draft decision above, including different
different
opinions on the objective, scope and nature of the international regime,
which provides the main components of the international regime.

II. Access and benefit-sharing ofgenetic resources in CBD
3. International Regime for access and benefit
sharing of genetic resources，ABS
COPCOP-9 (May, 2008, Germany)
Adoption on the roadmap of the negotiation work：
work：
1. Continue to negotiate the ABS international regime based on thethe
Geneva text, complete the work before the COP 10 in 2010 and reportreport to
the COP 10.
2. Three ABS working group meetings (ABS WGWG-7、8、9) before the
COP 10 in 2010.
3. Establish three technical expert groups and hold three workshops
workshops(terms of reference, compliance, relationship with traditional knowledge)knowledge)..
4. Agreement on the working outlines of the above technical expert
expertgroups.

II. Access and benefit-sharing ofgenetic resources in CBD
3. International Regime for access and benefit sharing ofgenetic resources，
resources，ABS
ABS WGWG-7 held in April, 2009, in Paris, without important improvement
because of great divergences.
ABS WGWG-8 held in November, 2009, in Montreal, Canada;
ABS WGWG-9 held in March 2010, in Cali,
Cali, Columbia and the resumed meeting
will be held in Montreal, July 1010-16,2010
Three technical experts working groups held in December, 2008 (Namibia),(Namibia),
January, 2009 (Tokyo, Japan) and June, 2009 (Hyderabad(Hyderabad,, India) with alittle help in the negotiation of the international regime.
ABS Friends of the CoCo-Chairs meeting held in Montreal from 2626-29 January2010 and CoCo-chairs InterInter-regional Informal Consultations held in Cali,
Cali,
Colombia, March 1616-18, 2010.
Reports of the above three working group meetings will be submitted
submitted to the
COPCOP-10 to be held in October, 2010, in Nagoya, Japan.

II. Access and benefit-sharing ofgenetic resources in CBD
3 . International Regime for access and benefit
sharing of genetic resources，ABS
Main elements and divergences：divergences：
Objective
Scope
Compliance
Equitable benefit sharing
Access of genetic resources
Nature of the international regime
Capacity building

II. Access and benefit-sharing ofgenetic resources in CBD
3 . International Regime for access and benefit
sharing of genetic resources，ABS
Main stakeholders and opinions:
Like): LegalLike-Minded MegaMega-biodiversity Countries (LMMC(LMMC):
Legal-binding
international regime, emphasis on the authority of the genetic resources
resources
provided country, equitable benefit sharing based on Prior Informed
Informed Consent
and Mutually Agreed Terms;
Similar opinions: African Group, GROLAC (South American and Caribbean
CaribbeanGroup);
EU and the JUSCANZ Group：Group：Access and benefitbenefit-sharing of genetic
resources based on contracts, IP protection;
Switzerland and Norway: agree to disclose the origin of genetic resources,
reservation on Prior Informed Consent and the manner of benefitbenefit-sharing.

II. Access and benefit-sharing ofgenetic resources in CBD
4. Position of the Chinese Government
China is the contracting party of the CBD
As the member of LMMC, China has great
biodiversity and rich genetic resources.
As the important provider of genetic resources,
China supports to establish a regime on the accessand benefit sharing of genetic resources in theinternational level so as to improve the benefit
sharing of genetic resources.
China is also the important user of genetic resources
with rapid-developing bio-technology and growing
bio-industry.

III. Access and benefit-sharing oftraditional knowledge in CBD
1. Negotiation on traditional knowledge in CBD（1）Relevant articles in the Convention Article 8 (j)（2）COPCOP-7 Decision（
Decision（VII/16）
VII/16）: to establish sui generis
systems for traditional knowledge protection.
（3）Special experts group on traditional knowledge issues(six working group meetings held)（4）Close connected to the indigenous and local community,with political connections（5）Bound with genetic resources: traditional knowledge,
innovation and method embodying the culture and life of theindigenous and local communities related to the genetic
resources;（6）Related to IP (related to the WTO and the WIPO)

III. Access and benefit-sharing oftraditional knowledge in CBD
1. Negotiation on traditional knowledge in CBD
Article 8, (j), CBD:
Each Contracting Party shall, as far as possible and as
appropriate: Subject to its national legislation, respect, preserve
preserve
and maintain knowledge, innovations and practices ofindigenous and local communities embodying traditional
lifestyles relevant for the conservation and sustainable use of
biological diversity and promote their wider application with thetheapproval and involvement of the holders of such knowledge,
innovations and practices and encourage the equitable sharingof the benefits arising from the utilization of such knowledge,
innovations and practices;

III. Access and benefit-sharing oftraditional knowledge in CBD
1. Negotiation on traditional knowledge in CBD
Most Developing Countries: as it is difficult to fully protect the traditional
knowledge through existing IP system, we should call for sui generis
systems for the protection of traditional knowledge based on common
common law
and traditional methods under the framework of the CBD other than
than theWIPO.
Developed Countries: it is necessary to protect traditional knowledge,knowledge, but
we should abide international laws like the TRIPs and relevant
agreements of WTO, with consideration of the three standards of patent,
and strengthen the cooperation with the IGC of WIPO to avoid repetitive
repetitivework.

PROPOSED BASIC ELEMENTS OF SUI GENERIS SYSTEMSFOR THE PROTECTION OF THE KNOWLEDGE,INNOVATIONS AND PRACTICES OF INDIGENOUS AND
LOCAL COMMUNITIES(a) Statement of purpose, objectives and scope;(b) Clarity with regard to ownership of traditional knowledge associatedassociated withbiological and genetic resources;(c) Set of relevant definitions;(f)Rights of traditional knowledge holders and conditions for the grant
grant of rights.
(g) The rights conferred;(h) A system for the registration of indigenous/local knowledge/Systems
knowledge/Systems for theprotection and preservation of indigenous/local knowledge;(i)
The competent authority to manage relevant procedural/administrative
procedural/administrative
matters with regard to the protection of traditional knowledge andand benefitbenefit-sharing
arrangements;(j)Provisions regarding enforcement and remedies;(k) Relationship to other laws, including international law;(l)ExtraExtra-territorial protections;III. Access and benefit-sharing oftraditional knowledge in CBD
2. International patent cases of genetic
resources and traditional knowledge“Bio-piracy” cases（1）Basmati rice（2）Wild Soybean（3）Thai Jasmine rice（4）Mexico High Oil Corn
（5）Indian Medical plant
Curcuma Longa; Azedarach; Ayahuasca;
Ayahuasca; Hoodia
Hoodia Cactus

III. CBD Traditional Knowledge
Protection and Benefit Sharing
3. Traditional Knowledge and Its Protection in Ethnic minority
areas of China
China has numerous ethnic minorities and various traditional
knowledge（1）Traditional genetic resources of crops and livestock andpoultry species and traditional knowledge of breeding theseresources（2）Ethical traditional medicine knowledge（3）Traditional technology and traditional way of production andtraditional lifestyle（4）Traditional cultural related to the protection and sustainable
use of bio-diversity（5）Traditional geographical indicators for biological products

IV. The Works of Other RelatedInternational Treaties/Conventions
Relevant background
Related to ABS Other Than CBD
The fulfillment of other related international conventions
should also be taken into consideration
All the conventions should be coordinated at the internationallevel
The fulfillment of related conventions that China participatesin should be coordinated at the national level—The coordination among different authorities is inadequate—Research should also be coordinated— Overall strategy and measures should be developed at theInter-Ministerial Joint Conference in China

IV. The Work of Other RelatedInternational Treaties/Conventions
1. Relationship with FAO International Treaty on Plant
Genetic Resources for Food and Agriculture (ITPGRFA)
This multi-lateral system applies for 64 species (genus) ofplants and forage grasses. And could be deemed as the
specific implementation of the principle in Article 15 of CBD
on plant genetic resources for food and agriculture ruled bymulti-lateral system.
There are some similarities between MTA (material transfer
agreement) of FAO and MAT (mutually agreed terms ) of
CBD.
Benefit sharing includes the payment of monetary and nonmonetary benefits, exchange of information, access andtransfer of technology and capacity building.

IV. The Work of Other RelatedInternational Treaties/Conventions
2. Relationship with TRIPS
According to TRIPS Article 27 3(b), Members may also exclude frompatentability: plants and animals other than micro-organisms, andessentially biological processes for the production of plants or animals
other than non-biological and microbiological processes. However,
Members shall provide for the protection of plant varieties either bypatents or by an effective sui generis system or by any combination
thereof. So Members may decide the patentability of plants, animals andbiological processes.
Should the origin of genetic resource and related traditional knowledge
be disclosed during the process of patent application? Should thedisclosure of genetic resources and related traditional knowledge be
developed as an independent requirement? Should we solve theproblem of disclosure by the revision of Patent Cooperation Treaty
administered by WIPO.
11 countries including Brazil and China propose to amend Article 27 of
TRIPS that is to disclose the origins of genetic resources and related
traditional knowledge in patent application. This proposal is supported
by 50 odds countries.

IV. The Work of Other RelatedInternational Treaties/Conventions
3. Relationship with Conventions and Treaties administered by
WIPO
The General Assembly of WIPO established the Intergovernmental Committee on Intellectual Property and Genetic
Resources, Traditional Knowledge and Traditional Cultural
Expressions, and make it the forum of debate and dialogue on therelationship of Intellectual Property and Genetic Resources,
Traditional Knowledge and Traditional Cultural Expressions. These
themes are believed to go beyond the traditional branch ofIntellectual Property Law and can’t be administered by other bodies
of WIPO. Till now, IGC has held 16 sessions.
However, some Members indicate that issues related to Accessand Benefit Sharing such as the disclose origins of genetic
resources and related traditional knowledge should be resolved
under the framework of the reform of Patent Cooperation Treaty
and development of Substantive Patent Law Treaty.

IV. The Work of Other RelatedInternational Treaties/Conventions
4. Relationship with International Convention on Plant
Variety Protection of UPOVThe Convention provides a specific format of IP
protection for the process of plant reproduction, withthe purpose of encouraging the breed of new plantvarieties by breeders. The rights of breeders are limitedby two essential exceptions (Article 15). The first
exception is called “Breeders’ Privilege” that is the
reproduction material could be used without priorinformed consent if it is used for the purpose of
breeding other varieties. “Breeders Privilege”
guarantees obtaining of seeds of all the breeders, thus
optimizes the evolution of varieties.

IV. The Work of Other RelatedInternational Treaties/Conventions
5. Relationship with United Nations Convention on the Law of the
Sea (UNCLOS)
The part XIII of the Convention establishes the system of marine
scientific research, admitting that all States and competentinternational organizations have the rights to conduct marine
scientific research in the marine environment including the areas
administered by the Convention. The UNCLOS and CBD are
mutual complement and supportive on the regulation ofconservation and sustainable utilization of marine and coastal biodiversities, but there is a major legal gap concerning thecommercial activities of genetic resources in the areas
administered by UNCLOS. There is no regulation on bioprospecting in UNCLOS. The genetic resources outside nationalsovereignties also go beyond the domain formulated by Article 15of CBD.

IV. The Work of Other RelatedInternational Treaties/Conventions
6. Relationship with Convention on International Trade inEndangered Species of Wild Fauna and Flora（CITES）
CITES requires that the export /import of any specimen of a
species shall require the prior grant and presentation of anexport/import permit, thus to control the international trade in wild
fauna and flora, including the export, import and re-export of any
specimen of any species and their recognizable part or derivative
thereof.
General thought is that experiences could be drawn from the“permit system” established by CITES to manage species close to
extinction when conceiving the possibility and influence of thedevelopment of a certification for international origin/source/legal
provenanceIV. The Work of Other RelatedInternational Treaties/Conventions
7. Relationship with the Antarctica Treaty
The Scientific Committee on Antarctica
Research thinks that the Antarctica Treaty
needs to be revised so as to include themanagement of bio-prospecting. Meanwhile
the Committee suggests the Antarctica
Treaty and CBD be reviewed to facilitate theformulation of methods to resolve theexploration of Antarctica life-forms.

IV. The Work of Other RelatedInternational Treaties/Conventions
8. Four Regional Agreements:
Andean Pact decision 391 on the Common Regime on
Access to Genetic Resources;
The draft Central American agreement on access togenetic resources and bio-chemical resources andrelated traditional knowledge;
The draft ASEAN Framework Agreement on access tobiological and genetic resources;
The African Model Law for the Protection of the Rights ofLocal Communities, Farmers and Breeders, for the
Regulation of Access to Biological Resources.

IV. The Work of Other RelatedInternational Treaties/Conventions
9. National Laws
The main contents of national laws: national
competent authorities, prior awareness and consent,
terms of mutual consent including benefit sharing, IP
rights and compliance measures, etc.
According to case study carried out in Pacific Rim
countries, among the 41 Parties of CBD, only 9 ofthem have developed national laws and policies on
benefit sharing (22%), 26 of them are working on it(63%), while 6 of them have not involved in any
process aiming at the establishment of such aframework (15%).

V. What China has done and needs to do
1. Policies Related（1）The Outline of the National IP Strategy（promulgated by the StateCouncil on June 5, 2008），put forward the following specific tasks：
1）Improve the protection, exploration and utilization of genetic resources,
preventing the loss and abuse of genetic resources. Coordinating the relationship of
the protection, exploration and utilization of Genetic Resources, and establishing areasonable mechanism of Access to Genetic Resources and Benefit Sharing.
Guarantee the rights of awareness and consent of the providers of Genetic
Resources .
2）Construct a comprehensive IP system. Support the compilation and passingdown of traditional knowledge, and promote the development of TK. Improve thecoordinative mechanism of the management, protection and utilization of traditional
pharmaceutical intellectual property, and strengthen the protection, development andutilization of traditional arts and crafts.
3）Strengthen the protection of folklore, and promote it’s development. Fully
explore the value of folklore works, establish a mechanism of reasonable benefit
sharing between the keepers and developers, and guarantee the legal rights ofrelevant person and group.

V. What China has done and needs to do

1. policies related（2）《The Outline of National Biological Species Resources Conservationand Utilization Plan 》（Approved by the state council on Oct. 2007）
Priority action 6: establish legal system on the acquirement and benefit sharingof biological genetic resources and relevant TK.
Priority project 1：study the definition of TK, formulate protection list ofimportant TK, and establish the protection system of biological resources
and TK.
Priority project 2: study and establish a system of requiring the disclosure of
the origin of genetic resources in patent application
Priority project 3: establish organizations on processing biological genetic
resources and associated TKs, and a mechanism of information exchange.
Priority project 4: Study on the construction of protection database of
biological genetic resources and TK, formulate protection list of genetic
resources and relevant TK.

V. What China has done and needs to do
1. Policies Related（3）《National bio-diversity protection strategy and action plan》（to be enacted in 2010）
Strengthen the studies on the genetic resources administration system atthe national level, establish relevant policies that are in conformity withnational conditions; besides the requirement of origin disclosure in patentapplication, there is also the requirement to follow the principle of priorinformed agreement, so that the benefit can be shared on commonly
determined articles, guarantee the benefit the resources providers, andprotect the interest of the vulnerable groups like local communities andminorities.
At the same time, we should study on establishing special laws of biologicalresources, introduce the system of certificate of the origin of biologicalresources. Strengthen the enforcement and custom inspections, combat
illegal activities like smuggling of species, biological piracy, etc.

V. What China has done and needs to do
1. Policies Related（3）《National bio-diversity protection strategy andaction plan》（to be enacted in 2010）
4.2 Strategic Guidelines
The strategic guidelines for biodiversity conservation in China
are: Conservation first，sustainable use, public participation，
benefit sharing.
To establish ABS regime for genetic resources and traditional
knowledge in country level, in order to a benefit balance
between providers and users, in particular, to protect thebenefits of developing countries, including the benefits ofindigenous and local communities.

V. What China has done and needs to do
1. Policies Related（3）《National bio-diversity protection strategy and action plan》（to be enacted in 2010）
Strategic guidelines
4.4.5 To realize the third objective of benefit sharing under CBD（1）To establish national ABS legislation and polity system
Including the main elements: to disclosure the sources and origin of genetic
resources and associated TK; to follow PIC procedure for access to GR and
TK; to share the benefits fair and equitably with providers based on MAT(mutually agreed terms).
（2）To protect and promote the transit of TK associated biodiversity
To enhance the survey, organizing, documentation and databaseestablishing for TK, to study the sui generis for TK protection and start todemonstrate in local level.

V. What China has done and needs to do
1. Policies Related（3）《National bio-diversity protection strategy and action plan》（to be enacted in 2010）
Priority Actions
Priority field 3
Action 8 To conduct the program for survey, organizing and inventory
for GR and TK（1）To conduct a systematical survey, registration and collection for genetic
resources, especially for the local crop varieties and animal breeding inremote areas and minority areas；（2）To focus on the survey, inventory and database of economic species oftrees, wild flowers, medicinal herbs, etc.
（3）To investigate and document the knowledge, innovation and practices
associated biodiversity kept in minority areas by indigenous and local
communities.

V. What China has done and needs to do
1. Policies Related（3）《National bio-diversity protection strategy and action plan》（to be enacted
in 2010）
Priority Actions
Priority 6：To promote the access, use and benefit sharing of genetic resources
and associated traditional knowledge.
Action 21 To establish a national ABS regime for GR and TK（1）To formulate national policy system on ABS of GR and TK；（2）To establish regulation system including disclosure of source and origin of GR
and associated TK for patent application; follow PIC and MAT; set up checkpoints in patent application and import & export；（3）To build the administrating mechanism, competent authority and technicalsupporting systems, such as CHM on ABS。

V. What China has done and needs to do
1. Policies Related（3）《National bio-diversity protection strategy and action plan》（to be enacted
in 2010）
Priority
Priority field 6：Promote the access and benefit sharing,
Action 22, To establish a check system for imports and exports of genetic
resources and associated TK（1）Identify a list of species or genetic resources for checking imports andexports；（2）Propaganda of ABS regime by network, in order to improve awareness of
researchers, local community and public；（3）Establish a system for checking the genetic resources from imports andexports.
（4）Study a quick identification methodology and enhance the capacity ininspection, facility and laboratory.
（5）Build capacity of officials by training.

V. What China has done and needs to do

2、Relevant laws and regulations（1）newly revised《Patent Law》（approved by NPC
on Dec. 27, 2008）
Article 5: inventions violating laws, social morals, anddamaging public interest will not be granted a patentright. Inventions created on the genetic resources
illegally acquired or utilized will not be granted apatent right.
Article 26: for inventions and creations made on
genetic resources to apply patents, the applicant
shall clarify the direct resources and origin of thegenetic resources; if the applicant cannot clarify theorigin, an explain shall be provided.

V. What China has done and needs to do
2、Relevant laws and regulations（2）《Animal husbandry law》（enacted on Dec. 2005），Put
forward the concept of benefit sharing for the first time.
Article 16: for private export and cooperation with foreign organizations, theutilization of animal and poultry resources in the protection name list, theuser shall apply husbandry administration department at the provincial level,and provide a measure of benefit sharing at the same time.

（3）《The Measures of the People’s Republic of China for the
Examination and Approval of Entry & Exit and the Foreign
Cooperative Research on the Application of Genetic
Resources of Livestock and Poultry》（approved on Aug.20,
implemented on Oct.1）。
The measure prescribed the contents of benefit sharing more
specifically.

V. What China has done and needs to do
3. Related Administration and Coordination（1）Inter-Ministerial Joint Conference for theprotection of species resource（2）Coordination mechanism on the fulfillment of
CBD.
（3）Coordination of implementing the commitments
on joining relevant international conventions.
（4）Related management and operatingorganizations（5）Related research institutions（6）other organizations and institutions

V. What China has done and needs to do
4. Work needs to be enhanced（1）The theoretical and practical research on thesovereignty, ownership and the right to use of genetic
resources and IP.

（2）The investigation,collection, documentation anddatabase construction of genetic resources andassociated traditional knowledge（3）Pilot demonstration on Access and Benefit Sharing.
（4）Format and pilot case studies on genetic materialtransfer agreement（5）Empirical research on western and major developing
countries.

V. What China has done and needs to do
4. Work needs to be enhanced（7）Formulation of national management rules on accessto biological genetic resources and benefit sharing. The
work is underway.
Chapter 1 General Principles
Chapter 2 Supervising
Chapter 3 Protection of GR and associated TK
Chapter 4 Access to genetic resources
Chapter 5 Benefit-sharing of GR for use
Chapter 6 GR’ transportation and importing & exporting
Chapter 7 Legal obligation
Chapter 8 Supplementary articles

V. What China has done and needs to do

4. Work needs to be enhanced（8）Research and develop the sui generis on
traditional knowledge (TK) at national and local
level.
Some regulations are underway for formulation,such as the Regulation for protection of
immaterial cultural heritage, and the regulation
for protection of IP for traditional Chinese
medicines.
Local legislation in some provinces have been
done or underway, such as in Guizhou province
and Yunnan province.

谢谢！
Thanks !