China’s Position and Domestic Measures on ABS

Abstract

China, as one of the countries most abundant in biological diversity, is an important provider of genetic resources. The adoption and implementation of the NP will help China strengthen genetic resources conservation and advance fair and equitable sharing of benefits. However, as a legally binding instrument significantly affecting the interests of so many countries and businesses, the NP is no more than a product of compromise. Therefore, countries involved should, in light of the loopholes existing in the NP and their respective national needs, take corresponding legislative, administrative and policy measures to close the loopholes of the NP. According to this paper, we can conclude that, firstly domestic legislation and regime to be in line with the CBD and the NP. China should enact a specialized legislation governing genetic resources and establish supporting policy framework and administration management system. And also China should enact or revise laws, administrative regulations and rules, or at least authorities concerned should formulate relevant regulation rules or procedure. In addition, it is necessary for China to improve the legislation and administrative rules concerning intangible cultural heritage conservation and intellectual property protection. Furthermore utilizing foreign genetic resources should be also brought under control. Secondly, improving the ABS regulation regime. The ABS regime has not been established in China, and therefore establishing the ABS regime at the national and the local level and improving the capacity-building of relevant authorities are our first priorities. Thirdly, improving intellectual property protection for biological genetic resources. China should improve the IP protection for domestic biological genetic resources in accordance with the three principles of the CBD, i.e., the national sovereignty, the prior consent, the benefit-sharing principle. further clarify the ownership of genetic resources and the rights and obligations pertaining to users and transferors; establish and improve the negotiation mechanism between the injured and the injuring party, provide for the settlement mechanism for disputes arising from genetic resources utilization, clarify the general restrictive conditions for future utilization and import and export, and the specific requirements for environmental-friendliness, and provide for the liability for disobeying relevant provisions. At last, accession into the NP when appropriate. As large quantities of genetic resources are suffering severe loss and erosion in China, so China should sign and ratify the NP as soon as possible, which will help China improve genetic resources conservation, increase the cost of foreign access to domestic genetic resources, curb illegal access, and will enable China to require user countries to share technical and economic benefits through negotiation.