65 Jingsong Li, Janice Jiggins and Yiching Song 82 Research site in Guangxi, Yunnan and Guizhou provinces. The photo shows a typical landform in this region. macy of their rights/claims to benefit-sharing. The development of ABS mechanisms is also feeding into ongoing policy discussions on how to implement the ABS provisions of the Convention on Biological Diversity and the Nagoya Protocol. ABS in China Plant genetic resources (PGRs) for food and agriculture have been developed over millennia to satisfy the most fundamental of human needs. The free flow and exchange of these resources was once governed by individuals and communities. However, this has changed as intellectual property rights (IPR) regimes have been applied to agriculture. In international and national law, IPRs often overshadow or even extinguish the natural rights of farmers and farming communities to landraces and varieties they have developed, largely benefiting commercial plant breeders.2 These companies have been able to develop new seeds, often based on farmers’ PGRs, and then protect their investment through commercial patents or plant variety protection laws which prevent farmers from legally exchanging and saving seed for future use (Tansey and Rajotte, 2008). The recently agreed Nagoya Protocol is attempting to address this by requiring those accessing genetic resources for research and development to share the benefits they derive with the countries and communities that provide these resources. But in practise, in China, there is still no formal ABS policy, although in 2011, the Chinese government set up China’s National Biodiversity Commission, which has started to draft national ABS regulations. Legislation to promote farmers’ rights still lags behind protection of commercial breeders’ rights, however. There are also uncertainties over who ‘owns’ varieties developed through PPB and how benefits should be shared. Discussions with farmers have shown that the concept of intellectual property is new to 2 A landrace is a local variety of a domesticated animal or plant species which has developed largely through natural processes, by adaptation to the natural and cultural environment in which it lives. It differs from a formal breed which has been selectively bred deliberately. Landraces are usually more genetically and physically diverse than formal breeds. Source: Wikipedia.

Select target paragraph3