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Interim National Reports on the Implementation of the Nagoya Protocol
(NR)
last updated: 02 Nov 2017
No country selected.
CHINA’S INTERIM NATIONAL REPORT ON THE IMPLEMENTATION OF THE NAGOYA PROTOCOL
CHM-NFP-CN-210049-1
ABS National Focal Point
Ms. Cai Lei
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Yes
Yes
The Government of China is developing a regulation on access to genetic resources and benefit-sharing from their utilization (ABS).
The Government of China attaches great importance to the protection and management of genetic resources and associated traditional knowledge. China has promulgated and implemented a series of laws and regulations in this regard, such as Husbandry Law, Seeds Law, Chinese Medicine Law, Environmental Protection Law, Wild Animals Protection Law, Intangible Cultural Heritage Law, Law on Quarantine of Imported and Exported Animals and Plants, Patent Law, Regulation on Wild Plants Protection and Rules for Approval of Import and Export of Genetic Resources of Livestock and Poultry and Their Use by Related International Collaborative Research. Some provisions in these laws and regulations contain principle provisions concerning access to genetic resources and associated traditional knowledge or the sharing of benefits from their utilization.
The State Council has issued a number of notices and programmes in this regard, including National Programme for Conservation and Use of Biological Resources, National Strategy for Intellectual Property Rights Protection, China’s Updated National Biodiversity Strategy and Action Plan (2011-2030), and National Programme for Protection of Chinese Medicinal Materials (2015-2020). These strategies and programmes have identified protection of genetic resources and establishment of related ABS systems as their strategic tasks or priority actions. In 2014, the Ministry of Environmental Protection, together with the Ministry of Education, the Ministry of Science and Technology, the Ministry of Agriculture, the State Forestry Administration and the Chinese Academy of Sciences, issued a joint notice on strengthening management of access to genetic resources and benefit-sharing in international collaborative research and exchange programmes.
As early as in 2003, the State Council has established an inter-ministerial liaison body for protection and management of biological resources including genetic resources. This body is headed by the Ministry of Environmental Protection and involves 17 ministries and departments. In 2011, China established a National Committee for Biodiversity Conservation to coordinate biodiversity conservation at national level.
Yes
The Ministry of Environmental Protection is responsible for leading and organizing the implementation of the Convention on Biological Diversity and acts as national focal points for the Convention and its Protocols.
No
China is developing a regulation on access to genetic resources and benefit-sharing from their utilization, which will further confirm national competent authorities for access to genetic resources and benefit-sharing.
At this stage, China is using a system of management coordinated by the Ministry of Environmental Protection while other relevant departments manage ABS-related matters in their respective areas. These departments mainly include the environment, science and technology, water resources, agriculture, forestry, customs administration, examination and quarantine, intellectual property rights administration and Chinese medicine administration.
No selection made
No
The operation of ABSCH is still in an initial stage as China has ratified the Nagoya Protocol recently. China will submit relevant information to ABSCH as required by relevant provisions of the Nagoya Protocol and related COP-MOP decisions as China is improving its domestic laws/regulations and management system in this regard.
Not applicable, since no access requirements are in place
No
The operation of ABSCH is still in an initial stage as China has ratified the Nagoya Protocol recently. China will submit relevant information to ABSCH as required by relevant provisions of the Nagoya Protocol and related COP-MOP decisions as China is improving its domestic laws/regulations and management system in this regard.
No
Though China has promulgated and implemented a series of laws and regulations related to genetic resources, such as Husbandry Law, Seeds Law, Wild Animals Protection Law, Law on Quanrantine of Imported and Exported Animals and Plants, Patent Law, Regulation on Protection of Wild Plants and Rules for Approval of Import and Export of Genetic Resources of Livestock and Poultry and Their Use by Related International Collaborative Research, however, overall there is no check-point system in place that is consistent with the provisions of the Nagoya Protocol. Currently China is developing a regulation on access to genetic resources and benefit-sharing from their utilization, which will require the establishment of ABS check-point systems at sectoral level and multiple check points involving the departments of agriculture, forestry, education, science and technology, customs administration, examination and quarantine and intellectual property rights administration.
In 2014, the Ministry of Environmental Protection, together with the Ministry of Education, the Ministry of Science and Technology, the Ministry of Agriculture, the State Forestry Administration and the Chinese Academy of Sciences, issued a joint notice on strengthening management of use of genetic resources and benefit-sharing in international collaborative research and exchange programmes. In this notice there is a requirement that relevant departments will supervise and check access to genetic resources and benefit-sharing during various phases of management of international collaborative research and exchange programmes.
No additional information provided
At present, though China has promulgated and implemented a series of laws and regulations related to biological resources, however there is no specialized law governing access to genetic resources and benefit-sharing from their utilization. Neither has China put in place a system of prior informed consent that is consistent with relevant provisions of the Nagoya Protocol. China is yet to work on details for mutually agreed terms and for benefit-sharing. China has not put in place adequate administrative and policy measures to support the enforcement of related laws and regulations.
Management of genetic resources in China is multi-sectoral responsibility and requires better communication and coordination among relevant departments. Though China has established a National Committee for Biodiversity Conservation and an inter-ministerial liaison body on protection of biological resources, inter-departmental coordination needs to be strengthened and information-sharing mechanisms need to be established.
Yes
China is developing a specialized regulation on access to genetic resources and benefit-sharing from their utilization, with a view to further improving the system of prior informed consent for access to genetic resources.
At present, some laws or regulations such as the Husbandry Law, the Seeds Law, the Wild Animals Protection Law and the Wild Plants Protection Regulation contain provisions that require prior informed consent in national preserved species. In special situations such as scientific research activities, collecting genetic resources of livestock and poultry, germplasm and wild animals and plants must be approved by relevant competent authorities specified in these laws and regulations.
Yes
China is developing a specialized regulation on access to genetic resources and benefit-sharing from their utilization, which will provide relevant rules and procedures for access to genetic resources.
At present a number of laws or regulations being enacted such as the Husbandry Law, the Seeds Law, the Wild Animals Protection Law and the Wild Plants Protection Regulation have provided rules and procedures for access to genetic resources of livestock and poultry, germplasm and wild animals. For example, the Husbandry Law enacted since 2006 provides the approval procedure for the provision or transfer of genetic resources of livestock and poultry by Chinese individuals or institutions undertaking collaborative research activities with institutions or individuals outside China. The Rules for Approval of Import and Export of Genetic Resources of Livestock and Poultry and Their Use in Related International Collaborative Research issued and enacted in 2008 further provides procedures for the approval, supervision and checking of access to genetic resources of livestock and poultry and benefit-sharing from their utilization. The Seeds Law revised in 2016 provides the approval procedure of harvesting nationally protected natural germplasm due to special situations such as the need for scientific research. This law also contains the approval procedures for the provision or transfer of germplasm to individuals and institutions outside China in collaborative research activities. The Wild Animals Protection Law revised in 2017 provides the approval procedure for hunting or killing key nationally protected wild animals due to special situations such as scientific research..The Fishery Law revised and enforced in 2004 contains the approval procedures for surveying and harvesting of fishery resources, and harvesting of economically important acquatic animal juvelines due to special situations such as breeding. The Regulation on Nature Reserves promulgated in 1994 provides the approval procedure for undertaking tourism, visits and study tours and other activities in protected areas. This regulation contains the approval procedure for foreign visitors to enter protected areas. The Wild Plants Protection Regulation enacted since 1997 provides the approval procedures for collecting key nationally protected wild plants due to special situations such as scientific research. In 2014, the Ministry of Environmental Protection, together with the Ministry of Education, the Ministry of Science and Technology, the Ministry of Agriculture, the State Forestry Administration and the Chinese Academy of Sciences, issued a joint notice on strengthening management of use of genetic resources and benefit-sharing in international collaborative research and exchange programmes. This notice provides clear procedures for approval, filing, supervision and checking of access to and use of genetic resources and benefit-sharing in undertaking international collaborative research and exchange programmes.
Yes
At present some laws or regulations such as the Husbandry Law, the Seeds Law, the Wild Animals Protection Law and the Wild Plants Protection Regulation have provided rules for disclosing information related to prior informed consent in national preserved species. The relevant competent authorities have established on-line approval platforms and provided information required for approval of collecting and using genetic resources of livestock and poultry, germplasm and wild animals and plants.
China is developing a specialized regulation on access to genetic resources and benefit-sharing from their utilization, which will further improve mechanisms for information provision and sharing related to prior informed consent.
Yes
The Administrative Permit Law promulgated in 2004 provides the time limit and form for decision making concerning administrative permits to be issued by administrative organs or bodies. It requires the adoption of cost-effective ways of issuing administrative permits within a certain period of time and through streamlined channels. China is developing a regulation on access to and benefit-sharing from use of genetic resources, which will specify a time limit for approval in accordance with the Administrative Permit Law.
The Husbandry Law, the Seeds Law, the Rules for Approval of Import and Export of Genetic Resources of Livestock and Poultry and Their Use by Related International Collaborative Research also contain provisions concerning time limits for approval by related administrative departments.
Yes
In accordance with the Administrative Permit Law, administrative organs or bodies will issue and provide applicants administrative permits if they so decide. The Wild Animals Protection Law, the Forestry Law, the Regulation on Wild Plants Protection and the Regulation on Trade in Endangered Wild Animals and Plants and other related laws/regulations require related competent authorities to issue to applicants licenses or permits or equivalent documents for hunting of key nationally protected wild animals and plants, import and export, collecting wild plants and timber logging if they approve applications and decide to issue permits. There is an urgent need to improve or provide more specific requirements in the regulation on access to genetic resources and benefit-sharing, which is under development now.
0
Yes
Currently, the Rules for Approval of Import and Export of Genetic Resources of Livestock and Poultry and Their Use in Related International Collaborative Research provide principle provisions on the rules and procedures for developing mutually agreed terms related to genetic resources of livestock and poultry.
In addition, a joint notice on strengthening management of use of genetic resources and benefit-sharing in international collaborative research and exchange programmes, which was issued in 2014 by the Ministry of Environmental Protection, together with the Ministry of Education, the Ministry of Science and Technology, the Ministry of Agriculture, the State Forestry Administration and the Chinese Academy of Sciences, also provide related requirements.
No selection made
At present, China does not have statistical information concerning the benefits from use of genetic resources and their associated traditional knowledge.
No additional information provided
No
China is developing a specialized regulation on access to genetic resources and benefit-sharing from their utilization, which will contain provisions in this regard.
No
China is developing a specialized regulation on access to genetic resources and benefit-sharing from their utilization, which will contain provisions in this regard.
It should be noted that China does not have “indigenous peoples”. Relevant laws and regulations being implemented in China apply to local communities.
The Chinese Medicine Law enacted in 2017 provides that the “State will establish a system of assessment of authentic Chinese medicine, support variety breeding of authentic Chinese medicine, aid the establishment of production bases for authentic Chinese medicine, strengthen environmental protection for such bases and encourage measures for the protection of authentic Chinese medicine such as protection of products of geographical indication”. Currently authentic Chinese medicine can be protected through registration of geographical indication, certified trademarks and brands (individually and collectively).
No
China is developing a specialized regulation on access to genetic resources and benefit-sharing from their utilization, which will contain provisions in this regard.
It should be noted that China does not have “indigenous peoples”. The Chinese Medicine Law enacted in 2017 provides that the holder of traditional knowledge associated with Chinese medicine shall have the rights to inherit and use the traditional knowledge, and require prior informed consent and benefit-sharing from the use of the traditional knowledge that he/she holds. Meanwhile, Article 24 of this law provides that the competent authorities responsible for the Chinese medicine administration in the governments at the provincial and above level shall organize the identification of academic heritage projects and inheritors for those academically important theories and technical methods of the Chinese medicine, and provide enabling conditions for such activities. The Intangible Cultural Heritage Law requires that prior informed consent of the survey target shall be sought before proceeding with a survey of non-material cultural heritages. In addition, their cultures and customs shall be respected and no damage shall be done to their legal rights and interests.
No additional information provided
No
No selection made
No selection made
China is developing a specialized regulation on access to genetic resources and benefit-sharing from their utilization, which will contain provisions in this regard.
No selection made
No selection made
No selection made
China is developing a specialized regulation on access to genetic resources and benefit-sharing from their utilization, which will contain provisions in this regard.
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China is developing a specialized regulation on access to genetic resources and benefit-sharing from their utilization, which will contain clear provisions concerning the establishment and operation of check points.
A joint notice on strengthening management of use of genetic resources and benefit-sharing in international collaborative research and exchange programmes, which was issued in 2014 by the Ministry of Environmental Protection, together with the Ministry of Education, the Ministry of Science and Technology, the Ministry of Agriculture, the State Forestry Administration and the Chinese Academy of Sciences, provide related requirements. Specifically the users of genetic resources in international collaborative research and exchange programmes/projects shall report to relevant competent authorities the intended uses of genetic resources and related research results, benefit-sharing and information concerning the export of genetic resources, so as to assist relevant competent authorities in supervising and managing access to genetic resources and benefit-sharing from their utilization.
Related articles or provisions in the Patent Law and the Implementation Rules for the Patent Law require that for innovations or inventions using genetic resources, applicants shall disclose the direct sources and the origin of genetic resources used when submitting patent application documents. Those applicants unable to disclose the origin should provide reasons or statements. The “genetic resources” in the Patent Law are defined as “genetic material of actual or potential value of human, plant, animal, microbial or other origin containing functional units of heredity”. “Innovations or inventions completed relying on genetic resources” in the Patent Law refer to those innovations or inventions using the hereditary functions of genetic resources. Those innovations or inventions completed by violating laws or administrative rules concerning access to genetic resources or using genetic resources shall not be granted patents.
In addition, the guidelines for patent examination revised in 2010 have provided specific rules as to how to deal with cases of non-disclosure or non-compliance. Applicants should disclose the origin of genetic resources in their application documents and fill in relevant registration forms. Those unable to disclose the origin must provide reasons or statements. For those not complying with the requirements, the examiner will issue a notice requesting applicants to provide additional information as required. Those not providing additional information by the deadline will be considered as having withdrawn their applications. If information requirements are not met following requests for additional information, patent applications will be rejected.
No selection made
Not selected
China is developing a specialized regulation on access to genetic resources and benefit-sharing from their utilization, and will submit relevant information to the ABS CH as required by the Nagoya Protocol following the establishment of key mechanisms such as check points and the clearing-house.
No
China is developing a specialized regulation on access to genetic resources and benefit-sharing from their utilization, and will promulgate model contracts for access and benefit-sharing and proposed mutually agreed terms for users and providers.
The notice issued in 2014 on strengthening the management of use of genetic resources and benefit-sharing in international collaborations and exchanges requires that for the provision of genetic resources to users in other countries, the project contract should contain information concerning the origin of genetic resources, research purposes and intended applications, as well as provisions concerning conditions for commonly owning intellectual property rights, technology transfer and transfer to the third Party, and other benefit-sharing terms.
Yes
China is setting up environmental/ecological information systems and will establish platforms for information sharing in this regard. A sub information system for biological resources and genetic resources will be established to integrate relevant information from national and local sources, to improve the efficiency of collecting data concerning the import and export of genetic resources and to achieve the rapid and timely identification, approval and archiving of the imported and exported genetic resources.
No additional information provided
Not applicable, since no access requirements are in place
Yes
China is developing a specialized regulation on access to genetic resources and benefit-sharing from their utilization, which will contain provisions in this regard.
According to relevant provisions in the Contract Law, the content of contracts signed by Parties concerned should include methods for dispute settlement, except that international contracts could indicate that Parties concerned have the right to choose applicable laws to resolve or settle their disputes. Parties concerned can resolve their contractual disputes through reconciliation, mediation, arbitration and resort to judicial lawsuits.
Yes
According to relevant provisions in the Contract Law, Parties concerned can resolve their contractual disputes through reconciliation, mediation, arbitration and resort to judicial lawsuits. Parties that have signed international contracts can apply for arbitration according to their agreement. In the case of no arbitration agreement signed or failed arbitration, parties can file a lawsuit in the people’s court.
China is developing a specialized regulation on access to genetic resources and benefit-sharing from their utilization, which will specify provisions for model contracts for access to genetic resources and benefit-sharing from their utilization, in accordance with relevant provisions of the Contract Law.
Yes
China is developing a specialized regulation on access to genetic resources and benefit-sharing from their utilization, which will contain provisions in this regard.
In accordance with relevant provisions of the Seeds Law, in the case of non-compliance with the agreement or no agreement reached following the mediation, the sides or stakeholders concerned can file a lawsuit in the people’s court. In addition, the Contract Law and the Civil Litigation Law also contain provisions concerning litigation rights for the sides having signed contracts.
Yes
China is a Party to a number of international conventions such as the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters and the Convention on the Taking of Evidence Abroad in Civil or Commercial Matters. Up to now China has signed bilateral judicial assistance treaties with about 70 countries. In accordance with relevant provisions of the Civil Litigation Law and the legal interpretations issued by the People’s Supreme Court, for the judgments or rulings of legal validity issued by foreign courts, an application can be submitted directly to the intermediate People’s Court in China for recognition and enforcement. Foreign courts can submit requests to the People’s Court in China for recognition and enforcement in accordance with relevant provisions of the international treaties that the country in question has concluded with China, or in accordance with the reciprocity principle. Following the review of these judgments or rulings, the People’s Court will recognize their validity and issue an execution order for those that need to be enforced, as long as they do not counter China’s fundamental legal principles or infringe on China’s national sovereignty, security and public interests. Parties concerned can also submit an application directly to the People’s Court for recognition and enforcement of the rulings issued by foreign arbitration bodies. The People’s Court will handle applications in accordance with the relevant international treaties that China has ratified or acceded to or the reciprocity principle.
No additional information provided
Yes
In accordance with relevant provisions of the Seeds Law, no permission from the owner of the new plant variety is required or no fees for use need to be paid for breeding activities or other scientific and research activities using the new plant variety or non-commercial activities such as self-breeding or self-use by farmers, as long as the rights enjoyed by the owner of the new plant variety in accordance with relevant laws are not infringed upon.
The Notice on Strengthening Management of Use of Genetic Resources and Benefit-sharing from Their Utilization in International Collaboration and Exchanges requires that simplified procedures and measures can be adopted for the transfer of genetic resourcess as non-living specimens, epidemic disease samples and genetic resources used for exhibition and science popularization purposes as long as they comply with relevant laws and regulations.
China is developing a specialized regulation on access to genetic resources and benefit-sharing from their utilization which will be compatible with existing laws and regulations. Measures for access to genetic resources for non-commercial research activities will be simplified as appropriate, and provisions will be made concerning access and benefit-sharing in the situations such as changes in use.
Yes
As a member of the World Health Organization, China actively implements the International Health Regulations 2005 and WHO Pandemic Influenza Preparedness Framework for the sharing of influenza viruses and access to vaccines and other benefits. China has been making great efforts in the rapid and timely identification, assessment, reporting, communication and handling of public health accidents. China’s preparedness and response capacities have reached the standards specified in the International Health Regulations 2005.
China is developing a specialized regulation on access to genetic resources and benefit-sharing from their utilization, and attention has been given to special needs from public health, prevention and control of animal and plant pandemics and procedures and measures will be simplified for access to genetic resources and benefit-sharing for emergency responses.
Yes
Since human-transmitted H7N9 pandemic in 2013, in accordance with the International Health Regulations 2005, the Government of China reports in a timely manner to the World Health Organization and the World Organisation for Animal Health the confirmed cases and publishes updated data on epidemics, shares relevant information with relevant organizations and their members, and reports on China’s progress in preventing and controlling epidemics.
China is developing a specialized regulation on access to genetic resources and benefit-sharing from their utilization, which will be closely consistent with and mutually supportive to those international treaties or conventions China has ratified or acceded to, with adequate consideration given to those existing mechanisms.
No
No additional information provided
Yes
China does not have “indigenous peoples”. The areas where ethnic minorities live meet the definition of “local communities” in the Convention on Biological Diversity and the Nagoya Protocol.
No
No selection made
No selection made
Yes
The Chinese Medicine Law requires that the holder of traditional knowledge associated with Chinese medicine shall have the right to pass it on to his/her inheritor(s), and to require prior informed consent for access to his/her TK and benefit-sharing from use of his/her TK.
Yes
In accordance with relevant provisions of the Intangible Cultural Heritage Law, while undertaking surveys of intangible cultural heritages, prior informed consent of the survey target should be sought, their customs should be respected and their legal rights and interests should not be harmed.
No
China is developing a specialized regulation on access to genetic resources and benefit-sharing from their utilization. By this China will establish a clearing house for access and benefit-sharing through which information concerning management and supervision of access to genetic resources and associated traditional knowledge will be published. By the time ABSCH is established, users can obtain relevant information concerning ABS-related measures through ABSCH.
No selection made
Yes
Community rules and protocols play positive roles in societal management through regulation, guidance and assessment. They are critical for promoting rule-of-law in communities. These rules and protocols are complementary to national laws or regulations.
China has a long history of developing and applying community rules and protocols. At present, relevant government departments are undertaking pilot demonstration projects in using community rules and protocols for the protection of genetic resources. Some provinces (autonomous regions) are undertaking such demonstration projects as well, with a view to developing measures for community-managed conservation and use of genetic resources. In addition, the Ministry of Environmental Protection is implementing a GEF project to support demonstration projects on using community protocols for access and benefit-sharing.
Yes
China is developing a specialized regulation on access and benefit-sharing which will cover model contracts for ABS and minimum requirements for mutually agreed terms (MAT).
Yes
China is developing a specialized regulation on access to genetic resources and benefit-sharing from their utilization, which will cover model contracts for ABS.
The notice issued in 2014 on strengthening the management of use of genetic resources and benefit-sharing in international collaborations and exchanges, by the Ministry of Environmental Protection together with MOE, MOST, SFA and CAS, requires that the project contract should contain information concerning the origin of genetic resources, research purposes and intended applications, as well as provisions concerning conditions for intellectual property rights and technology transfer.
Yes
In accordance with relevant provisions in the Seeds Law and the Regulation on New Plant Varieties, farmers can self-breed or self-use new varieties without getting the permission of the owner of new varieties and paying for user fees, provided that they do not infringe upon the rights accorded by relevant laws to the owner of new plant varieties. The remaining seeds from breeding or use can be sold and exchanged in local markets, without getting necessary licenses or permits.
Under the Intangible Cultural Heritage Law, a system of protection of intangible cultural heritages and their inheritors has been established, requiring inheritors to actively pass on these heritages. By the end of 2017, the Ministry of Culture has identified four groups totalling 1525 intangible cultural heritages and 1,986 inheritors. Among them, there are 370 heritages and 400 inheritors related to traditional knowledge associated with traditional processes and medicine. Governments of various levels are actively identifying intangible cultural heritages and their inheritors at provincial, municipal and country levels. All this has significantly enhanced the inheritance, dissemination, conservation and preservation of intangible cultural heritages, thus having enhanced the customary use and exchange of genetic resources and associated traditional knowledge by local communities.
No selection made
No additional information provided.
No
No answer provided
First, it is helpful for promoting ecological civilization. The Government of China attaches great importance to building ecological civilization by requiring the establishment of systems for the ownership, controlled uses and payments for uses of natural resources. While implementing the obligations in the Nagoya Protocol, China is establishing a system of access to genetic resources and benefit-sharing from their utilization and improving measures for managing and supervising the ownership of genetic resources, access to genetic resources and benefit-sharing from their utilization. This fits well in with China’s strategic goal of building an ecological civilization and will be helpful for enhancing the conservation and sustainable use of genetic resources.
Second, it is conducive to the conservation of genetic resources and the fair and equitable sharing of benefits from their utilization. China is a mega-biodiversity country and has rich genetic resources. For long there has been no international regulation concerning access to genetic resources and benefit-sharing from their utilization, so China has lost tremendous amount of genetic resources and not benefited from their use on fair and equitable basis. The Nagoya Protocol has further established principles and rules in this regard, such as national sovereignty over natural resources, prior informed consent, mutually agreed terms and fair and equitable sharing of benefits to ensure that countries involved will share benefits fairly and equitably and prevent the loss or erosion of genetic resources.
Thirdly, it is conducive to the conservation and inheritance of related ethnic cultures and traditional knowledge associated with genetic resources. The Nagoya Protocol has fully shown respect for traditional knowledge associated with genetic resources owned by indigenous peoples and local communities, which is significant for protecting ethnic cultures and social harmony in areas inhabited by ethnic minorities. Various ethnic minorities in China has innovated, inherited and accumulated rich traditional knowledge associated with genetic resources in their long-standing production and life experiences, and made significant contributions to the conservation and sustainable use of biodiversity and genetic resources. Implementation of the Nagoya Protocol will adequately ensure the rights and interests of the owners of traditional knowledge, which will help incentivize the conservation of biodiversity and traditional knowledge by local communities and promote social and economic development at local level.
No additional information provided.
No
Not applicable, since there are no indigenous and local communities in my country
No
No additional information provided
1. There are no cases, experiences or collaborative mechanisms for access to genetic resources and benefit-sharing for those found in transboundary situations. It is difficult to implement measures such as prior informed consent.
2. China and its culture have a long history. There has been good documentation and wide dissemination of traditional knowledge. For example traditional knowledge associated with Chinese medicine has been partly documented or widely disseminated. However the origin of such knowledge has been hidden or revised by foreign users of such knowledge, so the rights and interests of ethnic minorities in China including relevant families, communities and institutions in China as owners of such knowledge have been harmed. They are supposed to share benefits from use of such traditional knowledge so there is a need for foreign users to disclose the origin of traditional knowledge.
3. In addition to the Nagoya Protocol, other international organizations such as the World Intellectual Property Organization and the World Trade Organization have been discussing about the protection of genetic resources and associated traditional knowledge, so there is a need to strengthen coordination between relevant international legal regimes. Disclosing the origin of genetic resources is helpful for the monitoring of the use of genetic resources. China and a few other countries have included such requirements in their patent laws and obtained good experiences in legislation and enforcement in this regard. However incorporating disclosure requirements into the international legal system related to IP is facing tremendous challenges.
Yes
In accordance with the Rules for Approval of the Import and Export of Genetic Resources of Livestock and Poultry and Their Use in Collaborative Research Activities, for the transfer of genetic resources of livestock and poultry on the protection list, institutions concerned should sign purchase/sale contracts or donation agreements as well as benefit-sharing agreements.
The notice issued in 2014 on strengthening the management of use of genetic resources and benefit-sharing in international collaboration and exchanges require that institutions or individuals that wish to transfer genetic resources to users outside China, should include in their project contracts information concerning the origin of genetic resources, research purposes and intended applications, and identify conditions for commonly owning the intellectual property rights, technology transfer and transfer to the third Party and other benefit-sharing conditions and terms.
China is developing a specialized regulation on access to genetic resources and benefit-sharing from their utilization, which will provide model contracts for ABS.
Yes
The Ministry of Environmental Protection is supporting demonstration projects on ABS that encourage local communities and citizens to participate in the development of community protocols and codes of conduct related to access to genetic resources and benefit-sharing from their utilization.
No additional information provided
Yes
Yes
To organize relevant activities to celebrate the International Year of Biodiversity in 2010, China established National Committee for the 2010 International Year of Biodiversity, which was headed by one of vice premiers of the State Council and involving 25 departments. Later on this Committee was renamed as “National Committee for Biodiversity Conservation” to coordinate biodiversity conservation at national level. Up to now, China has issued and been implementing its updated NBSAP (2011-2030), China Action Plan for the United Nations Decade of Biodiversity, a national programme for strengthening management of genetic resources and other related plans and programmes. Relevent departments of the State Council and provinces, autonomous regions and province-level municipalities have been organizing various activities celebrating the International Biodiversity Day on 22 May. They also organize various communication and educational activities and disseminate various CEPA materials exceeding 400,000, which have helped raise the public awareness of genetic resources and associated traditional knowledge.
The Ministry of Environmental Protection is developing a national communication strategy for the Nagoya Protocol. In collaboration with relevant departments and institutions, MEP will undertake widely communication and education activities related to ABS. With the support of the GEF project, MEP will organize training activities at national and local level for over 5,000 persons working in ABS management departments, local communities, companies and social media.
The Ministry of Agriculture, the State Forestry Administration, the State Intellectual Property Administration, the Chinese Academy of Sciences and the Chinese Medicine Administration also organize workshops and training classes on genetic resources and associated traditional knowledge as well as communicate and publicize knowledge of related fields.
Yes
Yes
In 2014, China National Committee for Biodiversity Conservation has approved and adopted the National Programme for Strengthening Management of Genetic Resources 2014-2020. The Programme requires that the legal system for ABS will be established and improved, the ABS clearing house and check points will be established, baseline surveys, monitoring and assessments of genetic resources will be strengthened, capacities for examination of the import and export and related personnel will be upgraded through training.
The Ministry of Environmental Protection has initiated major projects on biodiversity conservation and national biodiversity surveys and assessments, including the status of genetic resources and associated traditional knowledge. MEP is working to improve biodiversity-related laws and regulations and undertaking demonstration projects in poverty alleviation through promoting sustainable use of biodiversity and benefit-sharing from use of genetic resources. Meanwhile, MEP is developing a national programme for the implementation of the Nagoya Protocol, which will further identify responsibilities of relevant departments with a view to improving the legal/ management/supervision systems for ABS and to strengthening capacities of conservation, management and supervision in this regard.
The State Forestry Administration has issued a National Action Plan for Conservation and Sustainable Use of Timber Genetic Resources 2015-2025, which provides guidance on the survey, monitoring and information system related to timber genetic resources as well as the collection, storage, valuation and sustainable use of timber genetic resources. The Plan also aims to support the implementation of the Convention on Biological Diversity and the Nagoya Protocol.
The State Intellectual Property Office provided training for patent examiners/reviewers to upgrade their patent examination capacities, as required by the provisions in the Patent Law concerning disclosure of sources of genetic resources in patent applications.
Yes
With the support of the GEF project on developing and implementing national frameworks on access to genetic resources and associated traditional knowledge and benefit-sharing from their utilization, studies and demonstration projects will be undertaken during 2016-2020 on national management/supervision system/frameworks for access to genetic resources and benefit-sharing.
Yes
In 2016, the Chinese Academy of Forestry, in collaboration with relevant companies and international organizations, has established an International Training Centre for Timber Genetic Resources in Shandong Province. This centre provides capacity development training on the conservation and use of genetic resources of timber. Every year this centre provides financial support to 20 managers and researchers from Asia and the Pacific for their participation in training activities. So far two training workshops have been organized. The training has helped upgrade the level of management of the conservation and use of timber genetic resources in relevant countries of Asia and the Pacific.
No additional information provided
Yes
In accordance with the Rules for Approval of the Import and Export of Genetic Resources of Livestock and Poultry and Their Use in Collaborative Research Activities, foreign institutions or individuals that wish to use genetic resources of livestock and poultry on the protection list within the jurisdiction of China, need to undertake collaborative research and fairly share relevant research results with Chinese institutions or individuals with the status of legal person.
The notice issued in 2014 on strengthening the management of access to genetic resources and benefit-sharing in international collaboration and exchanges require that the international collaboration and exchange programmes/projects using genetic resources from China should fully involve relevant research institutions and staff from China.
No additional information provided
1. There is an urgent need to improve relevant laws and regulations. Though the Government of China has promulgated and enacted a series of laws and regulations related to ABS, in particular the recently revised Seeds Law and the Husbandry Law, which have incorporated provisions related to ABS and resulted in positive progress in the conservation and management of genetic resources in China, however China has not adopted a specialized law or regulation on access to genetic resources and benefit-sharing and gaps still exist for the implementation of the Nagoya Protocol.
2. There is also an urgent need to strengthen domestic coordination mechanisms. Conservation and management of genetic resources is part of the work of many sectors and there are a number of competent authorities. At present China has established a National Committee for Biodiversity Conservation and an interministerial liaison committee for the conservation of biological resources, however there is a need to establish and improve information-sharing mechanisms among departments for access to genetic resources and benefit-sharing, and to strengthen coordination across departments.
3. Public awareness of ABS needs to be raised. The public knowledge and awareness of the conservation of genetic resources is still inadequate, in particular lacking the recognition of the importance of ABS, so there is an urgent need to enhance communication, education and training on ABS-related knowledge.
Yes
The Government of China has established specialized funds for the implementation of the Convention on Biological Diversity, including the budget and funds for the implementation of the Nagoya Protocol. The State Council has allocated funds to the implementation of the Nagoya Protocol through relevant budget items for the central government departments.
Yes
Yes
Yes
No information provided
No information provided
Yes
10 or more
According to relevant laws and regulations and departmental functions assigned by the State Council, the Ministry of Environmental Protection has designated specialized institution and personnel to take the lead in the implementation of the Nagoya Protocol and act as focal point for access to genetic resources and benefit-sharing from their utilization. Other relevant ministries or departments have also assigned relevant personnel to manage ABS-related work in their respective areas of responsibility.
No information provided
No information provided
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