scholarly journals Information as the latest site of conflict in the ongoing contests about access to and sharing the benefits from exploiting genetic resources

2020 ◽  
Vol 10 (1) ◽  
pp. 7-33
Author(s):  
Charles Lawson ◽  
Michelle Rourke ◽  
Fran Humphries
Keyword(s):  
Genetic Resources ◽  
Biological Diversity ◽  
Sequence Data ◽  
Public Access ◽  
Benefit Sharing ◽  
Convention On Biological Diversity ◽  
Access And Benefit Sharing ◽  
Legal Information ◽  
The North ◽  
Physical Materials

The global movement and use of genetic resources remain vital to sustaining humankind. An enclosure or re-appropriation of these resources requiring regulated access and benefit sharing is evolving under the United Nations' Convention on Biological Diversity and related instruments. The potential to replace the physical materials with information about those materials, including genetic sequence data, has fractured the carefully negotiated benefit sharing regulation complex. This article re-engages with this original grand bargain of access in exchange for benefit sharing, and the imperatives of transferring financial resources and technology from the technologically advanced countries of the North to the biodiversity-rich countries of the South. Public access database terms and conditions (as opposed to public domain) and collecting societies are some of the elegant legal solutions and mechanisms to address concerns about dematerialization under the current contractual approach to benefit sharing. This article concludes, however, that the tension between enclosure of information as the genetic resource and legal information sharing requirements needs more nuanced forms of benefit sharing such as taxes or levies. This is necessary to facilitate movement of not only the physical materials but also information in the access and benefit sharing bargain.

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 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.

Plant Genetic Resources for Food and Agriculture: Legal and Institutional Frame and New Perspectives

2011 ◽  
pp. 41-76
Author(s):  
Irene Superina
Keyword(s):  
Genetic Resources ◽  
Biological Diversity ◽  
Plant Genetic Resources ◽  
Benefit Sharing ◽  
Convention On Biological Diversity ◽  
Access And Benefit Sharing ◽  
International Protection ◽  
International Treaty ◽  
Food And Agriculture ◽  
Research Sector

This document begins by describing and analysing the international institutional framework, within which both the Convention on Biological Diversity (Cbd), the Trip's about international protection of intellectual property and the International Treaty on Plant Genetic Resources for Food and Agriculture (Itpgrfa) had been originated. The regimes on access and benefit sharing applying to Pgrfa's (plant genetic resources for food and agriculture) are looked into in detail. Then, the new proposal under finalization within Cbd (Cbd Abs) is analized, which could become effective very soon. Finally, a particular focus is put on the research sector on Pgrfa's and how it has been treated and regulated. In connection to this, Itpgrfa 2001 is compared with the forthcoming new Cbd Abs regime, that could open new scenarios and new perspectives for this sector.

Genetic resources, biotechnology and intellectual property: The current debate and developing a constructive agenda for the South

2006 ◽  
Vol 3 (6) ◽  
Author(s):  
Manuel Ruiz
Keyword(s):  
Intellectual Property ◽  
Genetic Resources ◽  
Biological Diversity ◽  
Benefit Sharing ◽  
Convention On Biological Diversity ◽  
Current Debate ◽  
The South ◽  
Poor Countries ◽  
The North ◽  
Complex Relationships

AbstractOver the past few years, policy, legal and economic analysis of the complex relationships between genetic resources, biotechnology and intellectual property has multiplied. These relationships are fundamentally based on issues regarding rights over and control of biodiversity and related inventions and innovation. They notoriously confront biodiversity rich countries of the South, with technologically advanced but biodiversity poor countries of the North. Controversies are often captured under the general discussions on access to genetic resources and benefit sharing (ABS), as placed on the agenda by the Convention on Biological Diversity (CBD) after its adoption in 1992.

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).

Marine Genetic Resources in Areas beyond National Jurisdiction: Access and Benefit-Sharing

2012 ◽  
Vol 27 (2) ◽  
pp. 375-433 ◽  
Author(s):  
Petra Drankier ◽  
Alex G. Oude Elferink ◽  
Bert Visser ◽  
Tamara Takács
Keyword(s):  
Genetic Resources ◽  
Biological Diversity ◽  
Plant Genetic Resources ◽  
Benefit Sharing ◽  
Convention On Biological Diversity ◽  
Access And Benefit Sharing ◽  
Food And Agriculture ◽  
Food And Agriculture Organization ◽  
National Jurisdiction ◽  
Legal Frameworks

Abstract This report examines whether it is possible for the research and use of marine genetic resources in areas beyond national jurisdiction (ABNJ) to follow an approach based on the system that is being used with plant genetic resources in areas within national jurisdiction, as developed by the Food and Agriculture Organization. Part IV of the International Treaty on Plant Genetic Resources for Food and Agriculture contains the multilateral system of access and benefit-sharing. In addition, the report considers the implications of relevant provisions as contained in the Law of the Sea Convention, the Convention on Biological Diversity, the Antarctic Treaty System, as well as instruments on intellectual property rights. The report concludes with an assessment of the options within existing legal frameworks for accommodating an access and benefit-sharing system for marine genetic resources originating from ABNJ, and provides suggestions to move the international debate forward.

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.

scholarly journals A review of access and benefitsharing for biological control what does it mean for New Zealand

2009 ◽  
Vol 62 ◽  
pp. 152-155
Author(s):  
B.I.P. Barratt
Keyword(s):  
Biological Control ◽  
Food Security ◽  
Genetic Resources ◽  
Biological Diversity ◽  
Benefit Sharing ◽  
Convention On Biological Diversity ◽  
Biological Control Agents ◽  
Access And Benefit Sharing ◽  
Food And Agriculture ◽  
Global Exchange

The Convention on Biological Diversity promotes equitable and respectful sharing of access to and benefits from genetic resources Parties to the convention have agreed to negotiate and develop an Access and BenefitSharing (ABS) regime to take effect in 2010 Currently some countries have restricted access to their biological resources To consider issues pertaining to biological control the Global IOBC (International Organisation for Biological Control of Noxious Animals and Plants) has established a Commission on Biological Control and Access and Benefit Sharing The FAO (Food and Agriculture Organisation) Commission on Genetic Resources for Food and Agriculture (GRFA) has invited the IOBC Commission to prepare a report on the case for biological control agents The global exchange of biological control agents is considered critical to food security and sustainable agriculture and reaching a consensus on this issue is a high priority The process for this and the importance of protecting New Zealands interests in biological control is discussed in this paper

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