Protecting China's Human Genetic Resources: An Overview of the Draft Rules Summary

April 29, 2022 | BY

Susan Mok

Zhou Hanshuo and Yang Licheng of Jingtian & Gongcheng provide an overview of the Draft Human Genetic Resources Regulation Implementing Rules relating to Sino-foreign cooperation and cross-border provision and sharing of HGR information

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Summary :

  • The scope of HGR information has been narrowed; however, how to determine "human gene and genome data" needs to be further clarified
  • Article 12 of the Draft HGR Implementing Rules provides for an open-ended specification on the scenarios of "actual control"
  • A VIE structure will not be a safe harbor from HGR regulatory procedures any longer