scholarly journals Compatible or incompatible? DSI, open access, and benefit-sharing

2021 ◽  
Author(s):  
Rodrigo Sara ◽  
Andrew Lee Hufton ◽  
Amber Hartman Scholz
Keyword(s):  
Open Access ◽  
Scientific Community ◽  
Biological Diversity ◽  
Benefit Sharing ◽  
Convention On Biological Diversity ◽  
Sequence Information ◽  
Policy Options ◽  
Access And Benefit Sharing ◽  
Key Points ◽  
Differences Of Opinion

The scientific community has a strong tradition of sharing digital sequence information (DSI) in an unrestricted manner through public databases. While this tradition of “open access” sharing has many benefits, it has created tension in the context of the Convention on Biological Diversity (CBD). Differences of opinion on open access to DSI underlie key points of divergence in ongoing negotiations. The CBD has provided a set of policy options for DSI, but they are not granular enough to assess whether they are compatible with open access principles. Here, we explain what open access to DSI means in practice, assess the CBD DSI policy options through a more granular, technical lens, and discuss which policy options best enable open access. We show that de-coupled benefit-sharing mechanisms for DSI are the most compatible with open access practices and multilateral mechanisms, in general, are the most suited for benefit-sharing if fully de-coupled mechanisms become politically unrealistic.

scholarly journals Farmers’ Rights and Digital Sequence Information: Crisis or Opportunity to Reclaim Stewardship Over Agrobiodiversity?

2021 ◽  
Vol 12 ◽  
Author(s):  
Rachel Wynberg ◽  
Regine Andersen ◽  
Sarah Laird ◽  
Kudzai Kusena ◽  
Christian Prip ◽  
...  
Keyword(s):  
Genetic Resources ◽  
Biological Diversity ◽  
Plant Genetic Resources ◽  
Benefit Sharing ◽  
Convention On Biological Diversity ◽  
Sequence Information ◽  
Access And Benefit Sharing ◽  
Food And Agriculture ◽  
The Relationship ◽  
The Way

Contestations about the way in which digital sequence information is used and regulated have created stumbling blocks across multiple international policy processes. Such schisms have profound implications for the way in which we manage and conceptualize agrobiodiversity and its benefits. This paper explores the relationship between farmers’ rights, as recognized in the International Treaty on Plant Genetic Resources for Food and Agriculture, and the dematerialization of genetic resources. Using concepts of “stewardship” and “ownership” we emphasize the need to move away from viewing agrobiodiversity as a commodity that can be owned, toward a strengthened, proactive and expansive stewardship approach that recognizes plant genetic resources for food and agriculture as a public good which should be governed as such. Through this lens we analyze the relationship between digital sequence information and different elements of farmers’ rights to compare and contrast implications for the governance of digital sequence information. Two possible parallel pathways are presented, the first envisaging an enhanced multilateral system that includes digital sequence information and which promotes and enhances the realization of farmers’ rights; and the second a more radical approach that folds together concepts of stewardship, farmers’ rights, and open source science. Farmers’ rights, we suggest, may well be the linchpin for finding fair and equitable solutions for digital sequence information beyond the bilateral and transactional approach that has come to characterize access and benefit sharing under the Convention on Biological Diversity. Existing policy uncertainties could be seized as an unexpected but serendipitous opportunity to chart an alternative and visionary pathway for the rights of farmers and other custodians of plant genetic resources.

scholarly journals A need for Recalibration of the Discussions on Access and Benefit Sharing

2021 ◽  
Author(s):  
Rodrigo Sara ◽  
Markus Wyss ◽  
René Custers ◽  
Anouk in 't Veld ◽  
Dominic Muyldermans
Keyword(s):  
Biological Diversity ◽  
Modern Science ◽  
Resource Mobilization ◽  
Benefit Sharing ◽  
Convention On Biological Diversity ◽  
Sequence Information ◽  
Transformative Change ◽  
Access And Benefit Sharing ◽  
Research And Innovation ◽  
Key Issues

Facing unprecedented global declines in the extent and integrity of ecosystems, the 15th UN Biodiversity Conference (COP-15) in Kunming, China, presents an opportunity for transformative change. However, a lack of consensus on two key issues – resource mobilization and Access and Benefit Sharing (ABS) associated with Digital Sequence Information (DSI) – risks stalling negotiations for an ambitious ‘Post-2020 Global Biodiversity Framework’ as the next 10-year strategic plan under the Convention on Biological Diversity. We highlight systemic misconceptions concerning the financing of biodiversity and the burden this places on the ABS system. In the context of DSI, we caution that conflating ABS with resource mobilization risks disrupting modern science policy built on open access, with potentially severe ramifications for scientific research and innovation. To resolve these tensions, we call for a recalibration of discussions on ABS in order to maximize the value delivered by biodiversity for all of society, including indigenous peoples and local communities.

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.

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. 

The Main Results of the Ninth Conference of the Parties to the UN Convention on Biological Diversity

2008 ◽  
Vol 5 (3-4) ◽  
pp. 249-261 ◽  
Author(s):  
Matthias Buck
Keyword(s):  
Biological Diversity ◽  
Biodiversity Loss ◽  
Benefit Sharing ◽  
Convention On Biological Diversity ◽  
Marine Biodiversity ◽  
Access And Benefit Sharing ◽  
Global Target ◽  
Critical Issues ◽  
Science Policy Interface ◽  
Global Biodiversity

AbstractThe Ninth Conference of the Parties to the UN Convention on Biological Diversity (COP9) in May 2008 in Bonn was one of the major international environmental meetings in 2008. Its decisions significantly advance global biodiversity politics on a range of critical issues and thereby help achieving the global target of substantially reducing current rates of biodiversity loss by 2010. This article describes the main decision adopted by COP9 on biofuels, marine biodiversity, biodiversity and climate change, access and benefit-sharing and the science-policy interface of international biodiversity politics.

The EU and Environmental Multilateralism: The Case of Access and Benefit-Sharing and the Need for a Good-Faith Test

2014 ◽  
Vol 16 ◽  
pp. 109-142
Author(s):  
Elisa Morgera
Keyword(s):  
Biological Diversity ◽  
Environmental Law ◽  
Good Faith ◽  
Benefit Sharing ◽  
Convention On Biological Diversity ◽  
International Environmental Law ◽  
Access And Benefit Sharing ◽  
Adoption And Implementation ◽  
Legal Principle ◽  
The Eu

AbstractThis chapter discusses the need for a good-faith test for assessing the legitimacy of ongoing and future EU initiatives aimed at contributing to the development and implementation of international environmental law. A test that is based on the international legal principle of good faith may serve to better understand when the EU is effectively supporting environmental multilateralism to the benefit of the international community, rather than seeking to unduly influence it purely for its own advantage. The test is developed mostly on the basis of EU efforts of contributing to climate change multilateralism, and is applied to a much less studied case: the adoption and implementation of the Nagoya Protocol on Access to Genetic Resources and Benefit-sharing under the Convention on Biological Diversity.

scholarly journals Preparing for the new age of the Nagoya Protocol in scientific ocean drilling

2018 ◽  
Vol 24 ◽  
pp. 51-59
Author(s):  
Nan Xiao ◽  
Naokazu Ahagon ◽  
Yusuke Kubo ◽  
Hajimu Morioka
Keyword(s):  
Biological Diversity ◽  
Benefit Sharing ◽  
Convention On Biological Diversity ◽  
Deep Biosphere ◽  
Access And Benefit Sharing ◽  
International Convention ◽  
Nagoya Protocol ◽  
Ocean Drilling ◽  
Scientific Attention ◽  
International Collaborative Research

Abstract. Deep biosphere research has become one of the major scientific focuses in ocean drilling science. Increased scientific attention to microbiological research of the subseafloor environment raises the complications and concerns related to adherence to the Nagoya Protocol of the Convention on Biological Diversity (CBD). The Nagoya Protocol's implementation has prompted new legislation that could change international collaborative research on the geomicrobiology of the subseafloor. In this paper, we summarize the central points of the Nagoya Protocol on access and benefit-sharing (ABS) and discuss their relationship to ocean drilling research. In addition, we addressed the challenges faced by ocean drilling in complying with this international convention.

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