Xinhua News Agency is authorized to publicize the Measures of People's Republic of China for the Examination and Approval of Entry and Exit and Foreign-Related Cooperative Research and Utilization of Livestock and Poultry Genetic Resources (hereafter referred to as the Measures) on September 4, according to which, cooperation with overseas institutes and individuals within China in researching and utilizing livestock and poultry genetic resources should clarify ownership of IPRs.
The Measures indicates that cooperation with overseas institutes and individuals within China in researching and utilizing the livestock and poultry genetic resources in the List of Livestock and Poultry Genetic Resource Protection should be based on clear IPR ownership and reasonable plans of research fruit sharing.
In case where the research goals and scopes, cooperation terms, IPR ownership, research fruit sharing plans or the state benefit sharing plans need modification during the process of foreign-related cooperation, research and utilization, the units that cooperate with overseas institutes and individuals in researching and utilizing the livestock and poultry genetic resources in the List of Livestock and Poultry Genetic Resource Protection within China should go through the examination and approval procedures according to the original application process again.
Consisting of 28 articles, the Measures will come into effect on October 1, 2008, aiming at strengthening administration of entry and exit and foreign-related cooperation, research and utilization of livestock and poultry genetic resources, protecting and reasonably accessing to these genetic resources, preventing livestock and poultry genetic resource drains and promoting sustainable and healthy development of China's animal husbandry.
Regarding genetic resource protection, the international community has gradually formulated several international regulations represented by the Convention on Biological Diversity more than 10 years ago. Effective in 1993, the Convention established three core principles: national sovereignty, prior informed consent and benefit sharing. Up to date, the National People's Congress has publicized the draft amendment of the Patent Law for opinion solicitation, which also includes prescriptions related to genetic resource protection.