ABSTRACT
In recent years, traditional medicinal knowledge (TMK) has attracted the attention of multinational corporations from developed countries, which are interested in the potentially substantial commercial value of some of these TMK-derived products. Although a large portion of TMK originated in developing countries, those countries and their local communities have not effectively supervised this knowledge in order to derive financial or ownership benefits from it. China represents one of the best examples of a developing country rich in TMK, which has not effectively converted this knowledge into an ownable and protectable asset. Instead, other bodies or entities have ‘misappropriated’ China’s TMK, either by accessing it and using it at a very low price or by treating it as a ‘common pool’ item and, therefore, not compensating anyone for its utilization at all. The issue of benefit sharing concerning genetic resources in general has drawn great attention by both academia and competent departments in China. But the situation with access and benefit sharing (ABS) of TCMK has seldom been mentioned. Should ABS be taken into account when considering TCMK? If so, how should the benefit be shared? Do the existing laws provide legal ground for ABS? This chapter tries to provide a legal analysis of the current situation on ABS with regard to traditional Chinese medical knowledge (TCMK).
