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China to Refine Rules on Administration of Human Genetic Resources

Tue, 26 Apr 2022
Categories: China Legal Trends

On 21 Mar. 2022, the Ministry of Science and Technology issued the proposed “Detailed Implementing Rules for Regulation on Administration of Human Genetic Resources (Draft for Public Comment)” (hereinafter “the Detailed Implementing Rules”, 人类遗传资源管理条例实施细则(征求意见稿)), which was open for public comments until 21 Apr. 2022.

The Detailed Implementing Rules proposes to provide that where it is indeed necessary to transport, mail or carry the materials of China’s human genetic resources out of China for the purpose of conducting scientific research through international cooperation by using China’s human genetic resources or for any other particular circumstances, the following conditions shall be met, and permission from Ministry of Science and Technology shall be obtained:

  • It causes no harm to China’s public health, national security, and public interest;
  • The entity has the legal person status;
  • There is a specific overseas partner and reasonable exit purpose;
  • The materials of human genetic resources are legally collected or from a legal preservation entity; and
  • It has passed the ethical review.

Prior to that, China had promulgated the “Regulation on Administration of Human Genetic Resources”(人类遗传资源管理条例) in March 2019.

 

 

Cover Photo by vigor poodo on Unsplash

Contributors: CJO Staff Contributors Team

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