Implications of Genetic Patents on Human Genetic Resources: Issues of Ownership, Benefit Sharing and Informed Consent

2014 ◽  
pp. 195-228
Author(s):  
Kshitij Kumar Singh
Keyword(s):  
Informed Consent ◽  
Genetic Resources ◽  
Benefit Sharing

Access to Genetic Resources and the Fair and Equitable Sharing of the Benefits Resulting from their Use – The Challenges of a New Concept

elni Review ◽  
2008 ◽  
pp. 12-18 ◽  
Author(s):  
Susette Biber-Klemm
Keyword(s):  
Informed Consent ◽  
Natural Resources ◽  
Genetic Resources ◽  
Traditional Knowledge ◽  
Sustainable Use ◽  
Benefit Sharing ◽  
Access And Benefit Sharing ◽  
Prior Informed Consent ◽  
Equitable Sharing ◽  
Insight Into

The system of access and benefit sharing (ABS) – or more technically worded “Access to Genetic Resources and Fair and Equitable Sharing of Benefits resulting from their utilisation” – is one of the most debated topics in the field of conservation and sustainable use of biodiversity. Explained in a nutshell, the system institutionalises, on the basis of the national sovereignty over natural resources, conditions for access to and utilisation of genetic resources and – indirectly – also to traditional knowledge related to these genetic resources. It prescribes the well-known triad of Prior Informed Consent (PIC), Mutually Agreed Terms (MAT) and the benefit sharing. This article presents some of the current debates in more detail. In order to facilitate insight into the challenges of the system, the background and context of its evolution are described and analysed.

Prospecting for Marine and Coastal Biodiversity: International Law in Deep Water?

1998 ◽  
Vol 13 (1) ◽  
pp. 91-104
Author(s):  
Gadtan Verhoosel
Keyword(s):  
Developing Countries ◽  
Informed Consent ◽  
Genetic Resources ◽  
International Law ◽  
Sustainable Use ◽  
Economic Incentive ◽  
Benefit Sharing ◽  
Prior Informed Consent ◽  
Potential Impact ◽  
Convention On Biodiversity

AbstractAlthough formally covered by the Convention on Biodiversity (CBD), the protection of marine and coastal ecosystems has been somewhat neglected in the post-UNCED era. The Jakarta Mandate has redirected attention to marine and coastal biodiversity. The CBD had conceived benefit-sharing as an economic incentive for the goals of conservation and sustainable use to be implemented by developing countries. Benefit-sharing can only be implemented if developing countries can control their marine and coastal genetic resources with regard to bioprospecting activities through prior informed consent, and if developed states are legally obliged to take the necessary measures with the aim of sharing the revenues from the utilisation of marine and coastal genetic resources and transferring biotechnology. This article examines the potential impact of the relevant LOS Convention provisions concerning marine scientific research and technology transfer on the benefit-sharing regime for marine and coastal genetic resources.

Protecting Traditional Knowledge Holders' Interests and Preventing Misappropriation—Traditional Knowledge Commons and Biocultural Protocols: Necessary but Not Sufficient?

2012 ◽  
Vol 19 (3) ◽  
pp. 401-422 ◽  
Author(s):  
Krishna Ravi Srinivas
Keyword(s):  
Informed Consent ◽  
Traditional Knowledge ◽  
Biological Diversity ◽  
Indigenous Communities ◽  
Benefit Sharing ◽  
Convention On Biological Diversity ◽  
Access And Benefit Sharing ◽  
Nagoya Protocol ◽  
Prior Informed Consent ◽  
Knowledge Commons

AbstractThe experience of the indigenous communities regarding access and benefit sharing under the national regimes based on provisions of Convention on Biological Diversity and Bonn Guidelines has not been satisfactory. The communities expect that noncommercial values should be respected and misappropriation should be prevented. Some academics and civil society groups have suggested that traditional knowledge commons and biocultural protocols will be useful in ensuring that while noncommercial values are respected, access and benefit sharing takes place on conditions that are acceptable to the communities. This proposal is examined in this context in the larger context of access and benefit sharing under the Convention on Biological Diversity and implementing prior informed consent principles in access and benefit sharing. This article examines knowledge commons, provides examples from constructed commons in different sectors and situates traditional knowledge commons in the context of debates on commons and public domain. The major shortcomings of traditional commons and bicultural protocol are pointed out, and it is suggested that these are significant initiatives that can be combined with the Nagoya Protocol to fulfill the expectations of indigenous communities.

Access to plant genetic resources for genomic research for the poor: from global policies to target-oriented rules

2006 ◽  
Vol 4 (1) ◽  
pp. 54-63 ◽  
Author(s):  
Niels P. Louwaars ◽  
Eva Thörn ◽  
José Esquinas-Alcázar ◽  
Shumin Wang ◽  
Abebe Demissie ◽  
...  
Keyword(s):  
Plant Breeding ◽  
Genetic Resources ◽  
Plant Genetic Resources ◽  
Green Revolution ◽  
Building Blocks ◽  
Genomic Research ◽  
Benefit Sharing ◽  
Food And Agriculture ◽  
The Poor ◽  
Multilateral System

Applied genetics combined with practical plant breeding is a powerful tool in agricultural development and for food security. The Green Revolution spurred the world's potential to meet its food, feed and fibre needs at a time when vast regions were notoriously food-insecure. Subsequent adaptations of such strategies, from the late 1980s onwards, in order to develop new plant varieties in a more participatory way, have strengthened the focus on applying technology to farmers' diverse needs, feeding research results into a variety of seed systems. During these developments, there were no major legal impediments to the acquisition of either local or formal knowledge or of the building blocks of plant breeding: genetic resources. The emergence of molecular biology in plant science is creating a wealth of opportunities, both to understand better the limitations of crop production and to use a much wider array of genetic diversity in crop improvement. This ‘Gene Revolution’ needs to incorporate the lessons from the Green Revolution in order to reach its target groups. However, the policy environment has changed. Access to technologies is complicated by the spread of private rights (intellectual property rights), and access to genetic resources by new national access laws. Policies on access to genetic resources have changed from the concept of the ‘Heritage of Mankind’ for use for the benefit of all mankind to ‘National Sovereignty’, based on the Convention on Biological Diversity, for negotiated benefit-sharing between a provider and a user. The Generation Challenge Programme intends to use genomic techniques to identify and use characteristics that are of value to the resource-poor, and is looking for ways to promote freedom-to-operate for plant breeding technologies and materials. Biodiversity provides the basis for the effective use of these genomic techniques. National access regulations usually apply to all biodiversity indiscriminately and may cause obstacles or delays in the use of genetic resources in agriculture. Different policies are being developed in different regions. Some emphasize benefit-sharing, and limit access in order to implement this (the ‘African Model Law’), while others, in recognition of countries' interdependence, provide for facilitated access to all genetic resources under the jurisdiction of countries in the region (the Nordic Region). There are good reasons why the use of agricultural biodiversity needs to be regulated differently from industrial uses of biodiversity. The International Treaty on Plant Genetic Resources for Food and Agriculture, which entered into force in 2004, provides for facilitated access to agricultural genetic resources, at least for the crops that are included in the Treaty's ‘Multilateral System of Access and Benefit-sharing’. Ratification of the Treaty is proceeding apace, and negotiations have entered a critical stage in the development of practical instruments for its implementation. Although the scope of the Treaty is all plant genetic resources for food and agriculture, there are important crops that are not covered by its Multilateral System. Humanitarian licences are being used to provide access for the poor to protected technologies: countries may need to create such a general humanitarian access regime, to ensure the poor have the access they need to agricultural genetic resources.

Convention on Biological Diversity: Towards a sustainable future

Social Change ◽  
2003 ◽  
Vol 33 (2-3) ◽  
pp. 173-191
Keyword(s):  
Genetic Resources ◽  
Biological Diversity ◽  
Technology Development ◽  
Sustainable Use ◽  
United Nations Environment Programme ◽  
Benefit Sharing ◽  
Convention On Biological Diversity ◽  
Biological Resources ◽  
Transfer Benefit ◽  
Global Agreement

In an era of a rapidly shrinking biological resources, the Convention on Biological Diversity (CBD) is a historic landmark, being the first global agreement on the conservation and sustainable use of biological diversity. The CBD is one of the few international agreements in the area of natural resource conservation in which sustainability and equitable benefit-sharing are central concerns. The CBD links traditional conservation efforts to the economic goal of using biological resources sustainably and sets forth principles for the fair and equitable sharing of the benefits arising from the use of genetic resources, notably those destined for commercial use. Importantly, the CBD also gives traditional knowledge its due place in the sustainable use of genetic resources. The CBD also covers the rapidly expanding field of biotechnology, addressing technology development and transfer, benefit-sharing and biosafety, in an equitable framework. In the coming years, the CBD is likely to have major repercussions on the way biodiversity is conserved and benefits thereof, shared between the developing and developed worlds. The following commentary on the CBD has drawn heavily from a document produced by Secretariat of the Convention on Biological Diversity, at the United Nations Environment Programme. Articles 1 to 21 of the CBD have also been reproduced here in order to disseminate knowledge regarding the principles of the CBD-Editor.

scholarly journals ACCESS AND BENEFIT SHARING UNDER NAGOYA PROTOCOL AND SUSTAINABLE DEVELOPMENT: A CRITICAL ANALYSIS

2015 ◽  
Vol 9 (3) ◽  
pp. 38-45
Author(s):  
STELLINA JOLLY
Keyword(s):  
Sustainable Development ◽  
Genetic Resources ◽  
Biological Diversity ◽  
Environmental Law ◽  
Developing Nations ◽  
Benefit Sharing ◽  
Convention On Biological Diversity ◽  
Access And Benefit Sharing ◽  
Nagoya Protocol ◽  
Equitable Sharing

The debate over control and ownership of natural and bio genetic resources has a chequered history in International environmental law. Historically genetic resources were considered and acknowledged as part of common heritage of mankind. But with the development of technologies and the heightened north south divide over the issue of sovereign right over natural resources the developing nations became extremely concerned with the exploitation of biological and Genetic resources. Access to benefit sharing (ABS) was considered as an answer to balance the interests of developed and developing nations and to conserve and protect bio diversity. Adopted on October 2010 in Nagoya, Japan by the Parties to the Convention on Biological Diversity (CBD) of 1992, the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization (NP) has come into force after its 50th ratification on 2013. Nagoya protocol details on procedure for access and benefit sharing, disclosure mechanism, principles of transparency and democracy. The paper analyses the protection of access and benefit sharing envisaged under Nagoya protocol and its possible role in promoting sustainable development in the develoing nations. 

scholarly journals Marine Genetic Resources in Areas Beyond National Jurisdiction: Promoting Marine Scientific Research and Enabling Equitable Benefit Sharing

2021 ◽  
Vol 8 ◽  
Author(s):  
Alex D. Rogers ◽  
Amy Baco ◽  
Elva Escobar-Briones ◽  
Kristina Gjerde ◽  
Judith Gobin ◽  
...  
Keyword(s):  
Technology Transfer ◽  
United Nations ◽  
Genetic Resources ◽  
Biological Diversity ◽  
Science And Technology ◽  
Sustainable Use ◽  
Scientific Research ◽  
Benefit Sharing ◽  
National Jurisdiction ◽  
The United Nations

Growing human activity in areas beyond national jurisdiction (ABNJ) is driving increasing impacts on the biodiversity of this vast area of the ocean. As a result, the United Nations General Assembly committed to convening a series of intergovernmental conferences (IGCs) to develop an international legally-binding instrument (ILBI) for the conservation and sustainable use of marine biological diversity of ABNJ [the biodiversity beyond national jurisdiction (BBNJ) agreement] under the United Nations Convention on the Law of the Sea. The BBNJ agreement includes consideration of marine genetic resources (MGR) in ABNJ, including how to share benefits and promote marine scientific research whilst building capacity of developing states in science and technology. Three IGCs have been completed to date with the fourth delayed by the Covid pandemic. This delay has allowed a series of informal dialogues to take place between state parties, which have highlighted a number of areas related to MGR and benefit sharing that require technical guidance from ocean experts. These include: guiding principles on the access and use of MGR from ABNJ; the sharing of knowledge arising from research on MGR in ABNJ; and capacity building and technology transfer for developing states. In this paper, we explain what MGR are, the methods required to collect, study and archive them, including data arising from scientific investigation. We also explore the practical requirements of access by developing countries to scientific cruises, including the sharing of data, as well as participation in research and development on shore whilst promoting rather than hindering marine scientific research. We outline existing infrastructure and shared resources that facilitate access, research, development, and benefit sharing of MGR from ABNJ; and discuss existing gaps. We examine international capacity development and technology transfer schemes that might facilitate or complement non-monetary benefit sharing activities. We end the paper by highlighting what the ILBI can achieve in terms of access, utilization, and benefit sharing of MGR and how we might future-proof the BBNJ Agreement with respect to developments in science and technology.

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