Sponsored by the SIPO Law Department and hosted by Guizhou IPO, a seminar on protection of hereditary recourses and conventional knowledge was held in Guiyang, capital of Guizhou Province, a few days ago. There were more than 60 participant experts and scholars from all departments of the SIPO, related ministries and commissions of the State Council, the Supreme People's Court, China Academy of Social Sciences and the research institute of Beijing University as well as Guizhou provincial government and research institute. The seminar was chaired by deputy director of the SIPO Law Department.

In recent years, protection of "hereditary resources and conventional intellectual properties" has been a hot topic of such international seminars as WIPO-IGC and WTO-TRIPS, and it has been taken by the SIPO as one of its priorities, which is reflected, more or less, in the formulation of its IP strategy and the preparation for revising the Patent Law. With concern and support from experts, related departments and social personages, and based on suggestions from various circles, the provisions regarding protection of hereditary resources have been further improved in the 3rd revised draft Patent Law for discussion. To determine these provisions definitely, some follow-up issues have to be solved, and that is the main subject of the current seminar.

At the seminar participants launched broad discussions on the issues due to revision of the provisions of the Patent Law regarding hereditary resources. Discussion also focused on the matter how to protect conventional knowledge with the case of Guizhou Province in preparation for local legislation on the protection of conventional knowledge and in light of such case as wax printing. Participants reached consensus that the addition of provisions in the revised Patent Law regarding hereditary resources is of vital significance to the implementation of the Convention on Biological Diversity (CBD) and the protection of Chinese hereditary resources.  Discussions at the seminar mainly involve such issues as how to concretely define "hereditary resources", "completion of invention and creation" and "acquisition and utilization of hereditary resources", the definition of "resource" in the resource disclosure provision, and the levels of such disclosure and legal consequence of illegal disclosure. Participants were active to speak and express their opinions and suggestions, which has laid down a sound base to solve following up issues. At the same time, the seminar has provided some specific and realistic source material for Guizhou local legislation and practice on IP protection and discussion on the topic of conventional knowledge protection.

Participants have given adequate affirmation of full preparations by the SIPO for a deep-going study and discussion on related issues, and excellent appreciation of the host Guizhou IPO for its careful preparations in regard to local legislation and administrative matters concerning the seminar.

2007-01-08

2007-01-08