Tackling biopiracy in Southeast Asia: the need for a legally binding regional instrument

2020 ◽  
Vol 23 (1) ◽  
pp. 74-98
Author(s):  
Jinyup Kim
Keyword(s):  
Southeast Asia ◽  
Traditional Knowledge ◽  
Biological Diversity ◽  
Benefit Sharing ◽  
Convention On Biological Diversity ◽  
Access And Benefit Sharing ◽  
Nagoya Protocol ◽  
Biological Resources ◽  
Knowledge Based ◽  
Consistent Manner

Biopiracy, largely defined as misappropriation of biological resources and associated traditional knowledge, has occurred all around the world. Southeast Asia, one of the world's biodiversity hotspots, has been a victim of biopiracy in a number of cases across the region. Despite the high occurrence of the exploitation of resources, the region has not responded to the problem of biopiracy adequately. One of the most important reasons for this lack of response to biopiracy is the absence of a legally binding regional instrument(s). However, considering that (i) biopiracy does not respect national borders, (ii) most of the Southeast Asian states have ratified the Nagoya Protocol to the Convention on Biological Diversity, and (iii) soft law instruments adopted so far have failed to tackle biopiracy, this article argues that a legally binding regional regime should be established to tackle biopiracy in a consistent manner. Following an analysis of a number of biopiracy cases in the region, this article discusses why a legally binding instrument(s) is necessary. It suggests how to improve the current regional instruments pertaining to access and benefit sharing in relation to biological resources and associated traditional knowledge, based on the analysis of instruments adopted to tackle biopiracy in other regions.

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 Awareness of the Convention on Biological Diversity and provisions regarding access and benefit sharing among multiple stakeholder groups in Bhutan

Oryx ◽  
2019 ◽  
Vol 54 (5) ◽  
pp. 735-742
Author(s):  
Sonam Wangyel Wang ◽  
Woo Kyun Lee ◽  
Jeremy Brooks ◽  
Chencho Dorji
Keyword(s):  
Rural Communities ◽  
Traditional Knowledge ◽  
Biological Diversity ◽  
National Level ◽  
Benefit Sharing ◽  
Convention On Biological Diversity ◽  
Structured Interviews ◽  
Access And Benefit Sharing ◽  
Nagoya Protocol ◽  
Stakeholder Groups

AbstractAs part of the Convention on Biological Diversity (CBD), the Nagoya Protocol on Access and Benefit Sharing calls for ‘fair and equitable sharing of benefits’ derived from the use of genetic resources and traditional knowledge. However, implementation of the Convention and the Nagoya Protocol has been challenged by the inadequacies of existing policies, lack of national-level frameworks, and inadequate knowledge among stakeholders. We used focus group meetings and structured interviews with rural communities, government representatives, researchers and Members of Parliament in Bhutan to collect data on awareness, knowledge and perceptions of components of the CBD related to access and benefit sharing. Our study indicated generally low levels of awareness about most components of the Convention, particularly among rural residents. Although local people in rural communities feel that benefits derived from local biological resources and traditional knowledge should be shared, there is uncertainty about who owns these resources. These results indicate that there is an urgent need to develop educational and awareness programmes, using a variety of media, to target particular stakeholder groups, with emphasis on residents in rural communities. This could empower local communities to participate meaningfully in decision-making processes to develop Bhutan's national access and benefit sharing framework, and to allow them to benefit from the conservation and sustainable use of local resources.

scholarly journals Convention on Biological Diversity and access to genetic resources: International regime and our experiences

1970 ◽  
Vol 15 (2) ◽  
pp. 48-52
Author(s):  
O. Joshi
Keyword(s):  
Traditional Knowledge ◽  
Biological Diversity ◽  
Benefit Sharing ◽  
Convention On Biological Diversity ◽  
Access And Benefit Sharing ◽  
Knowledge Community ◽  
Biological Resources ◽  
Community Rights ◽  
Equitable Sharing ◽  
Emerging Issues

Traditional Knowledge, community rights and access to benefit sharing of biological resources are emerging Issues after Convention on Biological Diversity (CBD) entered into force. This paper highlights legal system of access to benefit sharing in CBD and our efforts made so far to protect traditional knowledge by the legal documentation of biological resources and traditional knowledge associated with it. The paper advocates bioprospecting as a forward looking opportunity to convert natural resources into biological capital and highlights role and responsibility of local people to make equitable sharing of the benefits from the resource they conserve and knowledge they hold. Key words: Access and benefit Sharing, Traditional Knowledge, Bio-prospecting. Banko Janakari Vol.15(2) 2005 pp48-52

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 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.

Greenland's new legislation on commercial and research-related use of biological resources: implications for the International Polar Year and later

Polar Record ◽  
2008 ◽  
Vol 44 (2) ◽  
pp. 97-106 ◽  
Author(s):  
David Leary
Keyword(s):  
Biological Diversity ◽  
Scientific Research ◽  
Benefit Sharing ◽  
Convention On Biological Diversity ◽  
Home Rule ◽  
Access And Benefit Sharing ◽  
International Polar Year ◽  
Biological Resources ◽  
Potential Benefits ◽  
International Polar

ABSTRACTNew possibilities for economic development have been identified by the Greenland Home Rule Government in recent years. One of these is the potential for development of biotechnology based on Greenland's biodiversity. To ensure that Greenland shares in benefits derived from the exploitation of these resources the Home Rule Parliament recently enacted legislation on commercial and research-related use of biological resources that is premised on rights recognised by the 1992 Convention on Biological Diversity. This legislation represents the first law in an Arctic jurisdiction specifically to create a mechanism for access and benefit sharing in relation to Arctic genetic resources. The main area of research and commercial interest so far relates to potential developments in biotechnology from the microbial diversity of ikaite tufa columns located in the Ikka Fjord in southwest Greenland. The legislation seeks to provide a mechanism for regulating access to such biological resources and a means for Greenland to share in the potential benefits that may come from scientific research on them and subsequent commercialisation. Much research in Greenland now falls within the scope of this legislation. The purpose of this article is to explain the provisions of the legislation to the polar research community as well as to review its implications for research in the International Polar Year and later. The legislation imposes many new obligations on researchers in Greenland including obligations to obtain survey licences, obligations on reporting and the regulation of publication of scientific research. Commercially focussed research is also tightly regulated with a particular emphasis on patent rights. However, many aspects of the legislation are uncertain and it is unclear how much of the legislation will be implemented in practice.

scholarly journals Assessing the extent of access and benefit sharing in the wildlife trade: lessons from horticultural orchids in Southeast Asia

2017 ◽  
Vol 45 (3) ◽  
pp. 261-268 ◽  
Author(s):  
AMY HINSLEY ◽  
DAVID L. ROBERTS
Keyword(s):  
Southeast Asia ◽  
Natural Resources ◽  
Native Species ◽  
Biological Diversity ◽  
Wildlife Trade ◽  
Benefit Sharing ◽  
Convention On Biological Diversity ◽  
Small Scale ◽  
Access And Benefit Sharing ◽  
Wild Fauna

SUMMARYThe equitable sharing of benefits from natural resources is a key target of the Convention on Biological Diversity. Trade in its native species is one way in which a country can potentially benefit from its natural resources, and even small-scale traders can now access global markets online. However, little is known about the extent of benefit sharing for many products, and the extent to which the appropriate processes and permits are being used. We surveyed online trade in a lucrative and widely sold product in Southeast Asia (horticultural orchids) to assess the extent of access and benefit sharing. In total, 20.8% (n = 1120) of orchid species from the region were being sold. Although seven out of ten countries were trading, five had very little or no trade in their native species, and the majority of recently described endemic species being traded from non-range states had no reported Convention on the International Trade in Endangered Species of Wild Fauna and Flora exports from their country of origin. We suggest that addressing access and benefit-sharing gaps requires wider recognition of the problem, coupled with capacity building in the countries currently benefitting least: Laos, Myanmar and Cambodia. The priority should be to increase botanical capacity and enable these countries to better control the commercialization and trade of their native species.

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.

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