Sustainable Development, CBD, and IPR

2018 ◽  
pp. 29-42 ◽  
Author(s):  
Sanjeev Kumar Chaudhary
Keyword(s):  
Sustainable Development ◽  
Genetic Resources ◽  
Biological Diversity ◽  
Convention On Biological Diversity ◽  
Nagoya Protocol ◽  
Earth Summit ◽  
The Social ◽  
Recent Position ◽  
Conservation Of Biodiversity

One of the landmark outcomes of Earth Summit was the ‘Convention on Biological Diversity’ which calls upon parties to conserve and sustainably use biological diversity while equitably sharing the benefits of the use of genetic resources. The chapter explores the role of IPR to achieve sustainability. This chapter further provides a study of the development of the concept of Sustainable Development as a tool to meet the social need and will analyse recent position—how can IPR be a handy tool to achieve the objective mentioned under CBD and Nagoya Protocol with the help of TRIPS Agreement. It primarily discusses interlinks and conflicts between the provisions of CBD and IPRs. The chapter argues that Indian policymakers have a crucial but tough role in ensuring that the IPR policies and practices and the need of conservation of biodiversity stands mutually supportive to each other.

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 Facing the Harsh Reality of Access and Benefit Sharing (ABS) Legislation

2021 ◽  
Author(s):  
Frank Michiels ◽  
Ulrich Feiter ◽  
Stéphanie Paquin-Jaloux ◽  
Diana Jungmann ◽  
Axel Braun ◽  
...  
Keyword(s):  
Genetic Resources ◽  
Biological Diversity ◽  
Benefit Sharing ◽  
Convention On Biological Diversity ◽  
Legal Requirements ◽  
Access And Benefit Sharing ◽  
Nagoya Protocol ◽  
Equitable Sharing ◽  
Harsh Reality ◽  
Practical Constraints

Access and Benefit Sharing (ABS) is a framework which refers to a relatively recent type of legal requirements for access to and/or use of “genetic resources”. They are based on diverse national and regional laws and regulations, which mostly result from the implementation of the United Nations’ Convention on Biological Diversity (CBD) and its supplementary agreement, the Nagoya Protocol. Their ambition is to achieve fair and equitable sharing of benefits arising out of the use of genetic resources as an incentive to conserve and sustainably use them. This paper describes the experiences, practical constraints and complexities encountered by users of genetic resources when dealing with ABS legislation, with a focus on users from the private sector. We provide insights on how ABS laws have fundamentally changed the way of working with genetic resources in the hope that it inspires re-thinking of the ABS framework, to better support the overall objectives of the CBD.

scholarly journals How to regulate access and benefit-sharing: Stakeholder insights on provider country legislation

2019 ◽  
Vol 3 ◽  
Author(s):  
Ays Sirakaya
Keyword(s):  
Genetic Resources ◽  
Environmental Sustainability ◽  
Biological Diversity ◽  
Regulatory Mechanisms ◽  
Benefit Sharing ◽  
Convention On Biological Diversity ◽  
Access And Benefit Sharing ◽  
Nagoya Protocol ◽  
National Implementation ◽  
Rich Countries

The over-arching aim of the access and benefit-sharing (ABS) of genetic resources under the Convention on Biological Diversity (CBD) and the Nagoya Protocol is to enable fair distribution of benefits between the users (such as universities and biotech companies) and providers (such as biodiversity-rich countries) so as to both open the doors for innovation and create incentives for biodiversity conservation. Access to genetic resources is crucial not only for research related to conservation of genetic resources, but essential to many different research disciplines in general. Therefore, access to genetic resources in general as well as benefit-sharing from that access is a key element of the United Nations Sustainable Development Goal 15 Target 6 of the and in order to secure research as well as environmental sustainability and resource availability. ABS is a rapidly developing and evolving field that is shaped by the implementation of the Parties. This means that the national implementation of the Parties determines how ABS goals are realised and how ABS principles find form within regulatory mechanisms. These principles are found in international legal documents such as the CBD as well as the Nagoya Protocol. Additionally, decisions and guidelines drafted by the Conference of the Parties to the Convention on Biological Diversity shape these principles that are then to be fulfilled by the Parties when drafting their ABS laws by means of implementing these principles into their national legal systems. This article reviews a portion of these national ABS laws, implemented by provider countries throughout the world with the aim of describing the different types of regulatory mechanisms provider countries use. This descriptive approach is then followed by an empirical comparative analysis through semi-structured stakeholder interviews in order to identify the most beneficial regulatory mechanisms according to ABS experts that belong in four different stakeholder groups (provider countries, academic users, industrial users and collections).

Impacts on Canadian agriculture of the Convention on Biological Diversity

1995 ◽  
Vol 75 (1) ◽  
pp. 17-21 ◽  
Author(s):  
Bryan L. Harvey ◽  
Brad Fraleigh
Keyword(s):  
Genetic Resources ◽  
First Nations ◽  
Biological Diversity ◽  
Sustainable Use ◽  
Strong Support ◽  
Major Elements ◽  
Convention On Biological Diversity ◽  
Germplasm Exchange ◽  
Wide Range ◽  
Conservation Of Biodiversity

Canada was among the first nations to sign and ratify the Convention on Biological Diversity. With strong support from the federal government, the Canadian delegation played a key role in its negotiation. The Convention has three major elements: (1) the conservation of biodiversity; (2) the sustainable use of biodiversity; and (3) the equitable sharing of benefits derived from the use of biodiversity. Canada has developed a draft strategy to meet our obligations as a signatory nation. This strategy was developed with input from various levels of government and from a wide range of individuals and organizations. The benefits to agriculture are increased resources for the conservation of biodiversity, which is vital to this industry, and continued access to germplasm. The costs are the funds necessary to conserve, an obligation to share knowledge and benefits from genetic resources and greater regulation of germplasm exchange. Key words: Biodiversity, conservation, germplasm, convention, genetic resources

Negotiating the Nagoya Protocol: Indigenous Demands for Justice

2014 ◽  
Vol 14 (3) ◽  
pp. 102-124 ◽  
Author(s):  
Kimberly R. Marion Suiseeya
Keyword(s):  
Genetic Resources ◽  
Indigenous Peoples ◽  
Biological Diversity ◽  
Local Communities ◽  
Convention On Biological Diversity ◽  
Nagoya Protocol ◽  
Shared Meanings ◽  
Global Demand ◽  
Equitable Sharing ◽  
Resources Exploitation

In October 2010, parties to the Convention on Biological Diversity adopted the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization. One impetus behind the Nagoya Protocol was the mandate to address the unjust impacts—such as the loss of access to resources, exploitation of traditional knowledge, and expropriation of rights to resources—of the global demand for genetic resources on indigenous peoples and local communities (ILCs). Using collaborative event ethnography, this article demonstrates the limited nature, scope, and engagement of the ILC justice discourse in the negotiations, despite the supposedly inclusive nature of the CBD. I attribute the constrained discourse in part to the existence of a justice metanorm as evidenced through the emergence of shared meanings and prescriptive status of justice instruments.

scholarly journals Nagoya Protocol on Access and Benefit-Sharing

2019 ◽  
Vol 40 (3) ◽  
pp. 103
Author(s):  
Beatriz Gómez-Castro ◽  
Regina Kipper
Keyword(s):  
Genetic Resources ◽  
Biological Diversity ◽  
Sustainable Use ◽  
Future Generations ◽  
Benefit Sharing ◽  
Convention On Biological Diversity ◽  
Legal Certainty ◽  
Access And Benefit Sharing ◽  
Nagoya Protocol ◽  
Equitable Sharing

The Nagoya Protocol advances one of the three objectives of the Convention on Biological Diversity (CBD), namely ‘the fair and equitable sharing of the benefits arising from the utilization of genetic resources'. The Protocol promotes equity in the sharing of benefits from the use of genetic resources and encourages the reinvestment of benefits into the conservation and sustainable use of biodiversity and ecosystems. Binding obligations established under the Protocol aim at creating greater legal certainty and transparency as well as more equitable partnerships between users and providers of genetic resources and associated traditional knowledge. The Protocol has the potential to leverage tangible impacts in provider countries and foster sustainable development for present and future generations.

Managing Institutional Complexity and Fragmentation: The Nagoya Protocol and the Global Governance of Genetic Resources

2013 ◽  
Vol 13 (3) ◽  
pp. 100-118 ◽  
Author(s):  
Sebastian Oberthür ◽  
Justyna Pożarowska
Keyword(s):  
Genetic Resources ◽  
Division Of Labor ◽  
Biological Diversity ◽  
Benefit Sharing ◽  
Convention On Biological Diversity ◽  
Nagoya Protocol ◽  
Collective Decisions ◽  
Management Perspective ◽  
The Impact ◽  
Interplay Management

This article explores the impact of the Nagoya Protocol to the Convention on Biological Diversity on the complex of international institutions involved in the governance of access to, and benefit sharing from, genetic resources. Conceptually, we develop an interplay management perspective that focuses on the governance of institutional complexes and their internal division of labor by means of collective decisions within the elemental institutions. We seek to understand interplay management with reference to constellations of actors' interests and power, as well as institutional factors (commitments, inter-institutional consistency). We argue that the strength of status-quo forces led to the Nagoya Protocol consolidating and clarifying (rather than changing) the existing interinstitutional division of labor. The analysis demonstrates the difficulty of changing existing inter-institutional balances, yet suggests that a consolidation of an inter-institutional equilibrium can induce important new, pathdependent developments in fragmented governance architectures.

scholarly journals Facing the Harsh Reality of Access and Benefit Sharing (ABS) Legislation: An Industry Perspective

2021 ◽  
Vol 14 (1) ◽  
pp. 277
Author(s):  
Frank Michiels ◽  
Ulrich Feiter ◽  
Stéphanie Paquin-Jaloux ◽  
Diana Jungmann ◽  
Axel Braun ◽  
...  
Keyword(s):  
Genetic Resources ◽  
Biological Diversity ◽  
Benefit Sharing ◽  
Convention On Biological Diversity ◽  
Access And Benefit Sharing ◽  
Nagoya Protocol ◽  
Equitable Sharing ◽  
United Nations Convention ◽  
Harsh Reality ◽  
Practical Constraints

Access and benefit sharing (ABS) is a framework which refers to a relatively recent type of legal requirements for access to and use of “genetic resources”. They are based on diverse national and regional laws and regulations, which mostly result from the implementation of the United Nations’ Convention on Biological Diversity (CBD) and its supplementary agreement, the Nagoya Protocol. Their ambition is to achieve fair and equitable sharing of benefits arising out of the use of genetic resources as an incentive to conserve and sustainably use them. This paper describes the experiences, practical constraints and complexities encountered by users of genetic resources when dealing with ABS legislation, with a focus on users from the private sector. We provide insights on how ABS laws have fundamentally changed the way of working with genetic resources, in the hope that it inspires re-thinking of the ABS framework, to better support the overall objectives of the CBD.

Sign in / Sign up

Export Citation Format

Share Document