A Comparative Study Between China And Zambia’s Rules For Access To And Benefit Sharing Of Genetic Resources

The purpose behind this research paper is to discuss the legislat ive aspects of access and benefit sharing(abbreviated as ABS)in Zambia and China.This is mainly because there is need for the revision of certain aspects of legislat ion directly connected with the area of access and benefit sharing related to genetic resources.It is as such of great importance to give clear and concise solutions within confines of the law to any discrepancies in legal provisions.Given the fact that the aforementioned countries practice two different legal systems,these countries can still learn from each other and adopt principles to meet needs in their own national jur isdictions.Furthermore,this paper takes into consideration that both country’s differing political systems,geographical environments,social customs and traditions will greatly inf luence legis lat ion,particular ly that pertaining to genet ic resource protection and hence influence access and benefit sharing.In both countries the area of access and benefit sharing derived from genetic resources is relatively new but becoming a very prominent discussion and emerging in legislation.Thus,it is also crucial to closely and carefully learn the nature of major factors threatening and hinder ing access and benefit sharing in both countries.This will entail looking at the main causes of biological piracy and the repercussions that the misapplication or abuses of Intellectual Property Laws have on access and benefit sharing.Hence,this will lead to an analysis of how Zambia and China are responding through legislation to deter such outcomes.The main focus of this research is in Chapter 3,4 and 5 which will set up the ground for comparative study and give the results gathered from this research.This research will look at the main sources of laws and policies pertaining to access and benefit sharing in Zambia and China.It then analyzes the structure of legislat ive bodies overseeing the facilitat ion of access and benefit sharing.Addit ionally,it will examine the social impacts of current legislat ion in access and benefit sharing from the perspective of two main groups.This research will furthermore highlight the main differences and similarit ies in legislat ion.Finally,this paper will provide logical ideas as to how the benefits that result from genetic resources can be shared,especially in regards to stakeholders.Equally just as important is the hope that this research will provide scholars with supplementary knowledge to legalit ies in the area of access and benefit sharing,not only in that of my country of origin(Zambia),but also that of my second home(China).