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Access and benefit-sharing in China: exploring the extent to which China fulfils the obligations of the Nagoya Protocol.

Authors :
Nan Xia
Source :
Queen Mary Journal of Intellectual Property; 2023, Vol. 13 Issue 1, p97-120, 24p
Publication Year :
2023

Abstract

This article critically examines the implementation of the Nagoya Protocol on Access and Benefit Sharing under the Convention on Biological Diversity (CBD) through China’s Draft Regulation (2017). The Draft Regulation is still in draft form, but it definitely breaks new ground by establishing the most comprehensive piece of legislation for access and benefit-sharing (ABS) in China. Nevertheless, what is surprising is the absence of rigorous analysis of this ground-breaking legislation. In an attempt to fill the literature gap, while referring to the major provisions of the Nagoya Protocol, this article seeks to investigate how far the Draft Regulation (2017) in China is meeting the requirements of the Nagoya Protocol, identify its normative gaps and figure out what needs to be done in giving full effect to the obligations of the Nagoya Protocol. [ABSTRACT FROM AUTHOR]

Details

Language :
English
ISSN :
20459807
Volume :
13
Issue :
1
Database :
Supplemental Index
Journal :
Queen Mary Journal of Intellectual Property
Publication Type :
Academic Journal
Accession number :
179284505
Full Text :
https://doi.org/10.4337/qmjip.2023.01.05