关键词: 遗传资源, 传统知识, 获取与惠益分享, 生物多样性公约

Abstract: Access and benefit sharing(ABS) of genetic resources and related traditional knowledge has become a hot issue at a great many international forums.The Convention on Biological Diversity(CBD) firstly established the principle of access and benefit sharing of genetic resources and related traditional knowledge in 1992.Following CBD,UNFAO,UNESCO,WHO,WTO and WIPO(World Intellectual Property Organization) have all set up forums on ABS(access and benefit sharing) and patent issues related to genetic resources and related traditional knowledge,requiring the parties to respect and recognize the rights of indigenous people and local communities providing genetic resources and traditional knowledge.However,China has not yet formulated any specific policies in this aspect or established any law and regulation systems.Therefore it is essential for China to establish a national ABS regime that will ensure fair and equitable benefit-sharing,embody the state sovereignty over genetic resources and related traditional knowledge and respect the rights and interests of indigenous people and local communities.

Key words: genetic resources, traditional knowledge, access and benefit sharing, Convention on Biological Biodiversity