A Review of the Status Quo of Genetic Resources and Traditional Knowledge Protection in China

37 Pages Posted: 23 Aug 2009

See all articles by Guobin Cui

Guobin Cui

Tsinghua University School of Law

Date Written: August 21, 2009

Abstract

The study is divided into four parts.1 Section 2 of this report will seek to assess the significance of 'biopiracy' cases involving genetic resources and traditional knowledge found in China. Since the source of genetic resources/traditional knowledge is usually not disclosed in patent applications, attempting to uncover unknown cases of 'biopiracy' raises obvious difficulties. The focus here is on biopiracy cases available from public media. Section 3 will assess the significance of Chinese genetic resources/traditional knowledge in the research activities of pharmaceutical, cosmetic and biotechnology companies, in China and abroad. Section 4 will briefly review China’s patent and other laws as they relate to questions of prior informed consent and benefit sharing. The fourth part will briefly discuss the main knowledge gaps that exist in the areas outlined above and put forward suggestions for research projects — including data collection exercises — that would help to close those gaps. Section 5 will conclude the study by briefly outlining the main challenges China has to face and the consultant’s views on legislative models and negotiating strategies China may choose.

Keywords: genetic resources, traditional knowledge, intellectual property, China

Suggested Citation

Cui, Guobin, A Review of the Status Quo of Genetic Resources and Traditional Knowledge Protection in China (August 21, 2009). Available at SSRN: https://ssrn.com/abstract=1458890 or http://dx.doi.org/10.2139/ssrn.1458890

Guobin Cui (Contact Author)

Tsinghua University School of Law ( email )

Law School (Mingli Building)
Room106
Beijing, Beijing 100084
China

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