Luquan WANG: Conservation and Benefit Sharing of Traditional Knowledge Related to Genetic Resources for Food and Agriculture
2023/6/16 16:11:00 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 for Seeds Industry Revitalization.

Dr. Luquan WANG, Professor of the College of Humanities and Law of Jiaxing University, delivered the keynote speech on “Conservation and Benefit Sharing of Traditional Knowledge Related to Genetic Resources for Food and Agriculture”. Dr. Wang’s statement is summarized and shared as follows:

ITPGRFA has a broader range of TK. It is related to plant genetic resources for food and agriculture, however, CBD is relevant to the conservation and sustainable use of biodiversity. ITPGRFA’s subject is farmers; CBD reflects the knowledge, innovations, and practices of indigenous and local communities embodying traditional lifestyles.

There is a lot of Chinese legislation on traditional knowledge related to genetic resources. They are Law on Chinese Medicine, Law on Intangible Cultural Heritage,  Law on Agriculture, Regulations on the Protection of New Varieties of Plants, Measures for the Administration of Important Agricultural Cultural Heritage, Regulations on the Protection of Geographical Indication Products, Regulation on Access to Biological Genetic Resources and Benefit Sharing (Draft), and Regulation on the Protection of Traditional Knowledge of Chinese Medicine (Draft for Comments).

Ownership issues, registration, and management issues (Administrative Law), commercial exploitation (civil and commercial law), farmer-related rights, and application for IPR (trademarks, patents, new plant varieties, trade secrets, copyright related to agriculture ......)are the key legal issues in the protection of traditional knowledge related to food and agriculture.

It is still difficult to specify the nature of ownership of TK through existing laws. This in turn weakens the benefit-sharing arrangements and enforcement.

Checked by Maggie
Editor: YJ
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