The protection of genetic resources in Chinese patent law

Abstract

The Chinese Patent Law 2008 first introduced the protection of genetic resources. This includes a weak disclosure obligation (art.25.6) and a linkage arrangement which connects the patent law and sector-specific genetic resource laws (art.5.2). As demonstrated in the recent regulation on human genetic resources, the linkage arrangement and a broad definition of genetic resources in Chinese patent law enhance its adaptability but also introduce challenges in its implementation.