The Nagoya Protocol & its Access and Benefit- Sharing Clearing- House

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1 The Nagoya Protocol & its Access and Benefit- Sharing Clearing- House November 24, 2014 Working out ABS International Chamber of Commerce Paris, France

2 Background: Convention on Biological Diversity has 3 objectives that create an equity relationship: 1. Conservation of biodiversity 2. Sustainable use of its components contributing to 3. Access to genetic resources in exchange for Fair & equitable sharing of benefits derived from their utilization The Nagoya Protocol (2010) aims at providing a legal framework that creates clarity, transparency and legal certainty for the equity relationship of the CBD

3 57 ratifications, accessions, approvals, acceptances (As of 14 November 2014) Albania, Belarus, Benin, Bhutan, Botswana, Burkina Faso, Burundi, Comoros, Côte D Ivoire, Denmark, Dominican Republic, Egypt, Ethiopia, European Union, Fiji, Gabon, Gambia, Guatemala, Guinea, Guinea Bissau, Guyana, Honduras, Hungary, India, Indonesia, Jordan, Kenya, Lao PDR, Lesotho, Madagascar, Malawi, Marshall Islands, Mauritius, Mexico, the Federated States of Micronesia, Mongolia, Mozambique, Myanmar, Namibia, Niger, Norway, Panama, Peru, Rwanda, Samoa, Seychelles, South Africa, Spain, Sudan, Switzerland, the Syrian Arab Republic, Tajikistan, Uganda, United Arab Emirates, Uruguay, Vanuatu and Viet Nam

4 The ABS-CH? What is it? What is our goal? How are we reaching our goal?

5 Article 14 of the Nagoya Protocol

6 Article 14(1) Establishes the ABS- CH - as part of the CHM Main function - to facilitate the exchange of ABS relevant information

7 Article 14(2) The main information that is to be shared: 1. ABS Measures 2. National Focal Points 3. Competent National Authorities 4. Permits or their equivalent

8 The goal of the ABS Clearing- House

9 Guiding principles of the ABS-CH How we are reaching our goal 1. Finding and sharing information should be easy 2. Published information is relevant and correct 3. Strengthen participation and build capacity

10 1. Finding and sharing information should be easy information is collected and shared using common formats simple and user-friendly interface help is always available

11 2. Published information is relevant and correct users interacting with the ABS-CH have roles and permissions workflows to publish records national and reference record information classified using common vocabularies automated reminders and notifications to help ensure records are kept up-to-date, correct and complete help is always available

12 ABS Clearing-House Theater How the ABS Clearing-House and the Nagoya Protocol work together to facilitate access and benefitsharing of genetic resources

13 Starring USER GR and associated TK PROVIDER COUNTRY ABSCH CHECKPOINT

14 also starring Nagoya Protocol NATIONAL PERMIT The objective of this Protocol is the fair and equitable sharing of the benefits arising from the utilization of genetic resources, including by appropriate access to genetic resources and by appropriate transfer of relevant technologies, taking into account all rights over those resources and to technologies, and by appropriate funding, thereby contributing to the conservation of biological diversity and the sustainable use of its components. National Permit IRCC Internationally Recognized CPC Checkpoint Certificate of Communiqué Compliance

15 Guten tag, I am a user USER I work for a cosmetics company based in a country that has ratified the Nagoya Protocol. I look all over the world to find natural ingredients to use in our products. I invest a lot in R&D and our final products sell very well.

16 Hola, I am a provider PROVIDER COUNTRY Our country has a wealth of potentially valuable genetic resources. Our indigenous people maintain a vast knowledge of medicinal plants. We have ratified the Nagoya Protocol and implemented ABS measures.

17 Bonjour, I am a checkpoint CHECKPOINT I am located in the National Patent Office because the functions of this office are relevant to utilization of genetic resources and I can therefore effectively support monitoring. My job is to collect or receive, as appropriate, relevant information related to prior informed consent, to the source of the genetic resource, to the establishment of mutually agreed terms, and/or to the utilization of genetic resources, as appropriate, and provide it to the relevant national authorities.

18 Hi. I am a genetic resource and associated traditional knowledge I come from a plant that grows deep in the rainforest of the provider country GR and associated TK I am used by indigenous people to help remedy bad breath The country where I grow has sovereign rights over me

19 Hello. I am the ABS Clearing-House ABSCH I am a serious tool to support the implementation of the Nagoya Protocol My job is to facilitate the access and exchange of relevant information on ABS from Parties and other stakeholders

20 What they all want I want a clear understanding of how to access genetic resources and traditional knowledge and legal certainty for the utilization when due process (PIC + MAT) has been followed I want assurance that users comply with PIC + MAT and share benefits arising from utilization of GR and TK I want to collect or receive information necessary to determine if a user is in compliance with PIC + MAT and provide this information to relevant national authorities I want to help facilitate the access and exchange of relevant information to support implementation of the Protocol I want to be accessed, shared equitably and used sustainably.

21 the information desk act 1

22 Thank you. I will keep it all organized and accessible! ABSCH Here is my national ABS information PROVIDER COUNTRY

23 Later the same day Later on that same day

24 Hello. How can I help you? ABSCH USER I want to know how to access genetic resources and associated traditional knowledge in the provider country.

25 ABSCH No problem! Here is the official and up-to-date information you need! USER That was quick! Danke schön!

26 the boardroom act 2

27 Hola, can I speak with the provider Competent National Authority? Great, I got your number from the ABS- CH. I want access to your GR and TK. Can you come over for a discussion? Perfect! I have a mutually beneficial proposition to discuss with you. USER

28 So you will share all your research results with us? Yes, ok, no problem. Ok, we can give you a non-commercial use permit and if it leads to something commercially viable, let s renegotiate the terms of the MAT. Is it a DEAL? DEAL! USER PIC The Nagoya Protocol on Access and Benefit-sharing and Traditional Knowledge A major accomplishment at COP 10 was the adoption of the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from the Utilization of Genetic Resources of the Convention on Biological Diversity (Nagoya Protocol) following six years of intense negotiations. Indigenous and local communities participated, including those on government delegations, throughout the negotiations. The Nagoya Protocol is the first international instrument of particular relevance to indigenous and local communities negotiated since the adoption of the UN Declaration on the rights of indigenous peoples (September 2007). As such it is a significant step in mainstreaming indigenous rights as a cross-cutting issue in international negotiations.x The Nagoya Protocol on Access and Benefit-sharing and Traditional Knowledge A major accomplishment at COP 10 was the adoption of the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from the Utilization of Genetic Resources of the Convention on Biological Diversity (Nagoya Protocol) following six years of intense negotiations. Indigenous and local communities participated, including those on government delegations, throughout the negotiations. The Nagoya Protocol is the first international instrument of particular relevance to indigenous and local communities negotiated since the adoption of the UN Declaration on the rights of indigenous peoples (September 2007). As such it is a significant step in mainstreaming indigenous rights as a cross-cutting issue in international negotiations. The Nagoya Protocol on Access and Benefit-sharing and Traditional Knowledge A major accomplishment at COP 10 was the adoption of the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from the Utilization of Genetic Resources of the Convention on Biological Diversity (Nagoya Protocol) following six years of intense negotiations. Indigenous and local communities participated, including those on government delegations, throughout the negotiations. The Nagoya Protocol is the first international instrument of particular relevance to indigenous and local communities negotiated since the adoption of the UN Declaration on the rights of indigenous peoples (September 2007). As such it is a significant step in mainstreaming indigenous rights as a cross-cutting issue in international negotiations. MAT The Nagoya Protocol on Access and Benefit-sharing and Traditional Knowledge A major accomplishment at COP 10 was the adoption of the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from the Utilization of Genetic Resources of the Convention on Biological Diversity (Nagoya Protocol) following six years of intense negotiations. Indigenous and local communities participated, including those on government delegations, throughout the negotiations. The Nagoya Protocol is the first international instrument of particular relevance to indigenous and local communities negotiated since the adoption of the UN Declaration on the rights of indigenous peoples (September 2007). As such it is a significant step in mainstreaming indigenous rights as a cross-cutting issue in international negotiations.x The Nagoya Protocol on Access and Benefit-sharing and Traditional Knowledge A major accomplishment at COP 10 was the adoption of the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from the Utilization of Genetic Resources of the Convention on Biological Diversity (Nagoya Protocol) following six years of intense negotiations. Indigenous and local communities participated, including those on government delegations, throughout the negotiations. The Nagoya Protocol is the first international instrument of particular relevance to indigenous and local communities negotiated since the adoption of the UN Declaration on the rights of indigenous peoples (September 2007). As such it is a significant step in mainstreaming indigenous rights as a cross-cutting issue in international negotiations. The Nagoya Protocol on Access and Benefit-sharing and Traditional Knowledge A major accomplishment at COP 10 was the adoption of the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from the Utilization of Genetic Resources of the Convention on Biological Diversity (Nagoya Protocol) following six years of intense negotiations. Indigenous and local communities participated, including those on government delegations, throughout the negotiations. The Nagoya Protocol is the first international instrument of particular relevance to indigenous and local communities negotiated since the adoption of the UN Declaration on the rights of indigenous peoples (September 2007). As such it is a significant step in mainstreaming indigenous rights as a cross-cutting issue in international negotiations. PROVIDER COUNTRY

29 Fantastic! Now that MAT and PIC are taken care of, here is your national permit for non-commercial use! Wonderful! I am sure this will be mutually beneficial! USER NATIONAL PERMIT PROVIDER COUNTRY The objective of this Protocol is the fair and equitable sharing of the benefits arising from the utilization of genetic resources, including by appropriate access to genetic resources and by appropriate transfer of relevant technologies, taking into account all rights over those resources and to technologies, and by appropriate funding, thereby contributing to the conservation of biological diversity and the sustainable use of its components.

30 Later the same day Later on that same day

31 ABSCH Great, thanks! Please fill out the Internationally Recognized Certificate of Compliance form. Remember to respect any confidential information. Hello! I have a national permit to register! PROVIDER COUNTRY NATIONAL PERMIT The objective of this Protocol is the fair and equitable sharing of the benefits arising from the utilization of genetic resources, including by appropriate access to genetic resources and by appropriate transfer of relevant technologies, taking into account all rights over those resources and to technologies, and by appropriate funding, thereby contributing to the conservation of biological diversity and the sustainable use of its components.

32 Here is your IRCC certificate. The unique ID number is ABSCH-XX-1. Please keep it together with your national permit so you can find the national permit when information is confidential. IRCC ABSCH NATIONAL PERMIT The objective of this Protocol is the fair and equitable sharing of the benefits arising from the utilization of genetic resources, including by appropriate access to genetic resources and by appropriate transfer of relevant technologies, taking into account all rights over those resources and to technologies, and by appropriate funding, thereby contributing to the conservation of biological diversity and the sustainable use of its components. PROVIDER COUNTRY THANKS!

33 I will also send a courtesy copy to the user (if not confidential). IRCC ABSCH NATIONAL PERMIT To: User* The objective of this Protocol is the fair and equitable sharing of the benefits arising from the utilization of genetic resources, including by appropriate access to genetic resources and by appropriate transfer of relevant technologies, From: taking into account all rights over those resources and to ABSCH technologies, and by appropriate funding, thereby contributing to the conservation of biological diversity and the sustainable use of its components. PROVIDER COUNTRY Great! That makes it easy! *IRCCs generated are actually sent by .

34

35 the laboratory act 3

36 Eureka!! This is going to be extremely valuable for our new line of all natural cosmetics!!! I better patent this right way!!! USER GR and associated TK IRCC NATIONAL PERMIT To: User The objective of this Protocol is the fair and equitable sharing of the benefits arising from the utilization of genetic resources, including by appropriate access to genetic resources and by appropriate transfer of relevant technologies, From: taking into account all rights over those resources and to ABSCH technologies, and by appropriate funding, thereby contributing to the conservation of biological diversity and the sustainable use of its components.

37 the checkpoint act 4

38 Good afternoon. I have GR and TK that I want to patent for commercial use! USER CHECKPOINT Ok, can I please have some information? I ll need relevant information (as appropriate) related to: PIC, the source of the genetic resource, the establishment of MAT, and/or to the utilization of genetic resources.

39 No problem. Here is all that information. I also have the IRCC I received from the ABS Clearing-House! USER Thanks, I ll submit the information to the ABS Clearing-House to let the provider know what s going on. NATI ONA L PER MIT IRCC To: User From: The objective of this Protocol is the fair and equitable sharing of the benefits arising from the utilization of genetic resources, including by appropriate access to genetic resources and by appropriate transfer of relevant technologies, ABS taking into account all rights over those resources and to technologies, and by appropriate funding, thereby contributing to the conservation of biological diversity and the sustainable use of its components. CH CHECKPOINT

40 Later the same day Later on that same day

41 No problem! Please fill out a checkpoint communiqué form and I will inform the relevant authorities. CPC ABSCH Hello. I would like to share with the relevant authorities information I received from a user today. CHECKPOINT

42 Here is all the information the Competent National Authority and National Focal Point of the provider country will need to keep informed regarding how their GR and TK are potentially being used. CPC IRCC ABSCH NATIONAL PERMIT To: Provider and The objective of this Protocol is the fair and equitable sharing of the benefits arising from the utilization of genetic resources, including by appropriate access to genetic resources and by appropriate transfer of relevant technologies, taking into relevant account all rights over those resources and to technologies, and by appropriate national funding, thereby contributing to the conservation of biological diversity and the sustainable use of its components. authorities* * Checkpoint communiqués are actually sent by .

43

44 Later the same day Meanwhile in the provider country

45 PROVIDER COUNTRY

46 Thanks for the game everyone. I have to go. I just received an from the ABS-CH. PROVIDER COUNTRY Hmmm, I wonder what is going on with my GR and TK. Maybe I better call the user to discuss new MAT and a commercial permit.

47 Hi User. Yes. Oh, you were just about to call me. Great can you come over to re-negotiate our MAT? PROVIDER COUNTRY NATIO IRCC To: NAL PERMI and T The objective of this Protocol is the fair and equitable sharing of the benefits arising from the utilization of genetic resources, including by appropriate access to genetic resources and by appropriate transfer of relevant technologies, taking into account all rights over those resources and to technologies, and by appropriate funding, thereby contributing to the conservation of biological diversity and the sustainable use of its components. CPC Provider relevant national authorities

48 USER 3%!!!! No way. 16% is fair!!! hmmmm, ok deal? ok! DEAL! DEAL! Outstanding! Here is the amended permit for commercial purposes!! Great, I look forward to equitably sharing the benefits with you. NATIONAL PERMIT The objective of this Protocol is the fair and equitable sharing of the benefits arising from the utilization of genetic resources, including by appropriate access to genetic resources and by appropriate transfer of relevant technologies, taking into account all rights over those resources and to technologies, and by appropriate funding, thereby contributing to the conservation of biological diversity and the sustainable use of its components. PROVIDER COUNTRY NATIO IRCC To: NAL PERMI and T Provider The objective of this Protocol is the fair and equitable sharing of the benefits arising from the utilization of genetic resources, including by appropriate access to genetic resources and by appropriate transfer of relevant technologies, taking into account all rights over those resources and to technologies, and by appropriate funding, thereby contributing to the conservation of biological diversity and the sustainable use of its components. relevant national authorities

49 Later the same day Later on that same day

50 ABSCH Great, thanks! Please amend the previous internationally recognized certificate of compliance form. IRCC Hello! I have a national permit to amend! PROVIDER COUNTRY NATIONAL PERMIT The objective of this Protocol is the fair and equitable sharing of the benefits arising from the utilization of genetic resources, including by appropriate access to genetic resources and by appropriate transfer of relevant technologies, taking into account all rights over those resources and to technologies, and by appropriate funding, thereby contributing to the conservation of biological diversity and the sustainable use of its components.

51 Here is the new IRCC certificate. The unique identification number is ABSCH-XX-2. I ll also send this to the user for you. IRCC IRCC ABSCH NATIONAL PERMIT The objective of this Protocol is the fair and equitable sharing of the benefits arising from the utilization of genetic resources, including by appropriate access to genetic resources and by appropriate transfer of relevant technologies, taking into account all rights over those resources and to technologies, and by appropriate funding, thereby contributing to the conservation of biological diversity and the sustainable use of its components. PROVIDER COUNTRY THANKS!

52 Later the same day Later on that same day

53 Ok, here is my new information to get a patent for commercial purposes. USER Ok, looks good! NATI ONA L PER MIT IRCC To: User From: The objective of this Protocol is the fair and equitable sharing of the benefits arising from the utilization of genetic resources, including by appropriate access to genetic resources and by appropriate transfer of relevant technologies, ABS taking into account all rights over those resources and to technologies, and by appropriate funding, thereby contributing to the conservation of biological diversity and the sustainable use of its components. CH CHECKPOINT

54 Later the same day Meanwhile in the provider country

55 I just received and new checkpoint communiqué Nice to know everything is going well with my genetic resources and traditional knowledge. PROVIDER COUNTRY

56 Wow! Sales of the new natural products are going really well!!! Time to share some of the benefits with the provider. USER Super! Now we can use some of these benefits to conserve our GR and TK PROVIDER COUNTRY

57 These benefits will contribute to the conservation of biological diversity and the sustainable use of its components GR and associated TK Thank you! Now, I will be around for the generations to come. PROVIDER COUNTRY

58

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