Source: China IP News

As one of the important targets of IP protection in China, human genetic resources and the management thereof have attracted much attention from all walks of life in recent years. Recently, the Regulations of the People's Republic of China on the Management of Human Genetic Resources were officially announced and will be in effect from July 1. The "Regulations" clearly provides for the use and external supply of human genetic resources. According to the "Regulations", if the achievements are made by using China's human genetic resources for international cooperative scientific research, the patent application of which shall be jointly filed by the participating parties and the eventual patent rights shall be shared by them.

The "Regulations" dissects management of human genetic resources into  four sections including increasing protection, promoting rational use, strengthening regulation, and optimizing service supervision after reviewing the experiences form the implementation of the Interim Measures for the Management of Human Genetic Resources (1998).

Firstly, increase protection. The "Regulations" provide that the state conducts a survey on human genetic resources and implements a declaration and registration system for important genetic families and human genetic resources in specific regions. Where foreign organizations and institutions established or actually controlled by foreign organizations and individuals need to use China's human genetic resources to carry out scientific research activities, they shall cooperate with Chinese units. 

Secondly, promote rational use. The "Regulations" provide that the state supports the rational use of human genetic resources for scientific research, the development of biomedical industry, the improvement of diagnosis and treatment technologies, the improvement of China's biosafety support capabilities, and the improvement of people's health protection. 

Thirdly, strengthen the norms. The "Regulations" provide that the collection, preservation, utilization and external supply of human genetic resources in China shall not endanger public health, national security and social public interests of China, and shall conform to ethical principles, protect the legitimate rights and interests of resource providers, and abide by corresponding technical norms. 

Fourthly, optimize service and supervision. The "Regulations" require that the administrative department of science and technology should optimize and improve services in facilitating the use of the Internet for examination and approval, filing matters, and strengthen supervision and inspection of all aspects of the collection, preservation, utilization, and provision of human genetic resources.