LI Yiding: From 1.0 to 3.0--Difficulties and Breakthroughs in the Application of Regulations on Access to Biological Genetic Resources and Benefit Sharing in China
2023/6/15 14:15:00 本站

Wild plant genetic resources for food and agriculture serve as the foundation for human survival, and their protection and sustainable use are crucial. In order to conserve and ensure the sustainable use of all plant genetic resources for food and agriculture, and to fairly and equitably share the benefits arising from their use, the China Biodiversity Conservation and Green Development Foundation and the Beijing Academy of Agriculture and Forestry Sciences jointly organized “The Third Symposium on Conservation and Benefit Sharing of Plant Genetic Resources for Food and Agriculture” on May 23, 2023 in Beijing.

The symposium aimed to serve as a platform for fruitful discussions and valuable insights into the conservation and sustainable use of plant genetic resources for food and agriculture. It highlighted the need for continued efforts to protect and manage these resources effectively and to ensure that their benefits are shared fairly and equitably. The symposium also emphasized the importance of international cooperation and collaboration in achieving these objectives and the role of scientific research in supporting sustainable agriculture and food security in the background of China’s national strategy of Seeds Industry Revitalization.

Prof. Yiding LI, Professor of Law School of Guizhou University, delivered the keynote speech on “From 1.0 to 3.0: Difficulties and Breakthroughs in the Application of Regulations on Access to Biological Genetic Resources and Benefit Sharing in China”. Prof. Li’s statement is summarized and shared as follows:

My presentation is based on the development process of international law in the field of access and benefit sharing to biological genetic resource.

The global rules in this field can be divided into 1.0, 2.0 and 3.0 mode. The three modes respectively fit for Convention on Biological Diversity (CBD), The International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA) and The Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the Convention on Biological Diversity (NP).

1.0 Mode is a mutual mode from the provider and user. It is the unilateral procedural obligation. In 1.0 Mode, material value manifested by monetary or non-monetary benefit-sharing. Many early biodiversity national legislations, such as those of the Andean Community, Costa Rica, and the Philippines, presumably set up unilateral legal relationships with dual parties.

2.0 Mode is a multilateral mechanism in ITPGRFA. ITPGRFA sets up multilateral regime between provider, user and other stakeholders, establishes the resource pool contained specific category and variety. It enables the allocation and sharing of resources through an efficient and convenient access mechanism and the signing of Standard Material transfer Agreements (SMTAs) under the prerequisite conditions.

3.0 Mode contains in Clause 19 (Model agreement) and 20 (Codes of conduct, guidelines, best practice and/or standard) from NP. There are four advantages of 3.0 Mode: multi subject, comprehensive content, effectiveness autonomy and functional reinforcement.

There are four difficulties in the application of regulations on access to biological genetic resources and benefit sharing. First, legal system has been established preliminary. Second, there are different kinds or variety of rules. Third, It lacks of effectiveness in rule. Fourth, no practice in nowadays.

There are some approaches to access and benefit sharing of biological genetic resources in China under the triple model superposition. The first is advocate on the ideal of biological diversity governance. Second, administrative supervision and management system determination. Third, upgrade and supplement to legislation in current stage.

Checked by Sara
Editor: YJ
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