Taiwan Genetic Resources and Traditional Knowledge Legislation in a Post Nagoya Context

• Main Authors: Nicholas Van Heyst, 范漢文
• Other Authors: Chung-Hsi Lee
• Format: Others
• Language: en_US
• Published: 2013
• Online Access: http://ndltd.ncl.edu.tw/handle/03839722134751774606

碩士 === 中原大學 === 財經法律研究所 === 101 === From the time that the Convention on Biological Diversity was adopted in 1992 up until the present time, significant developments have taken place with respect to issues surrounding the access and benefits sharing (ABS) associated with genetic resources and traditional knowledge. During early part of the 2000s Taiwan also began to work towards developing two pieces of legislation that would offer to address such issues; however, work came to a standstill in 2006-2007. This paper will show that since that time Taiwan has fallen behind the standards largely adopted by the international community on the issue of access and benefits sharing as set by the Nagoya Protocol and is not currently posed to take action on the issue; furthermore, by not adopting a suitable legislation with respect to the access and benefits sharing issue, Taiwan’s genetic resources and traditional knowledge face greater potential of being taken advantage of by international organizations. This paper discusses the important principles and objectives laid out in the Convention of Biological Diversity and the Nagoya Protocol, while analyzing both the characteristics of Taiwan with respect to available genetic resources as well as the Taiwan draft laws that were designed to provide Taiwan with a set of regulations consistent with the former. Taiwan’s situation is largely discussed within the context of the current division that exists between countries representative of the “North” and “South”. Expert opinions regarding the hindrances towards the adoption of ABS are discussed and provide the basis for an analysis on the current state of affairs regarding this legislation. After discussing a number of characteristics that Taiwan shares with both the countries of the North and the South, this paper will discuss the ways in which such a position could be taken advantage of by Taiwan in an effort to bridge the gap between both camps. It is proposed that Taiwan could look into cooperation with NGOs, alignment with pre-existing foreign affairs policy, and partnerships with like-minded countries as a means of working towards furthering this objective. Additionally, the role that Taiwan’s two ABS draft proposals will play in working towards such goals is also discussed.