The Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits arising from their Utilization
|
|
- Alfred Peters
- 5 years ago
- Views:
Transcription
1 Queensland Museum Johny Keny/Shutterstock Rachel Wynberg Marsha Goldenberg/Shutterstock The Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits arising from their Utilization Lyle Glowka Senior Legal Advisor, CBD Secretariat
2 Overview Background: ABS and CBD Nagoya Protocol: Innovations Next steps: The Protocol process
3 Origins of ABS: Equity and Conservation Incentives Equity: Primary principle driving CBD ABS negotiations Earliest origins: PGRFA (FAO) Aim: Redirect benefit flows back to provider(s) Conservation incentives: Provide a value to biodiversity to help conservation Well-publicized early examples (INBio-Merck) High expectations for big financial windfalls from biotech ( Green Gold ) [20 years later: Greater recognition of the value of non-monetary benefits (Bonn Guidelines and Nagoya Protocol)]
4 Why are genetic resources important? One of many ecosystem goods and services essential to human well-being (see Millennium Ecosystem Assessment (2005)) Major contributions to various formal and informal sectors contributing to sustainable development: Food and agriculture (plant varieties, animal breeds, biosecurity) Human health (pharmaceuticals, botanical medicines) Industry (products and processes) Human understanding of biodiversity (taxonomy, ecosystems) Customary use and associated traditional knowledge Shared interests of the international community to cooperate to conserve, sustainably use and share benefits (CBD 1992)
5 CBD Innovation: New Equity Relationship Access to genetic resources IN EXCHANGE FOR Fair and equitable share of the benefits derived from their use
6 CBD Provisions Fundamental access-related principles (Art 15): Sovereign rights over natural resources (art 15(1)) Prior informed consent (PIC) (art 15(5)) Mutually agreed terms (MATs) (including the sharing of benefits arising from the commercial and other utilization of genetic resources) (art 15(4) and (7))
7 Towards an ABS Protocol: The Need for Legal Certainty Outstanding key implementation issues Provider countries: Capacity to regulate access and monitor use How to ensure benefit-sharing after materials leave country? How to prevent / respond to misappropriation? Role / responsibilities of user countries? Derivatives of genetic resources? Users: Clear, transparent and efficient access rules / procedures
8 Nagoya Protocol: At Glance WSSD (2002): Initial mandate CBD (2004): WG-ABS mandated to negotiate Adopted: 29 October 2010 Operationalizes: CBD third objective and article 15 Objective: Ensure benefits arising from utilization of genetic resources are shared fairly and equitably
9 Nagoya Protocol: Innovations Scope Core elements: ABS Compliance measures Global multilateral benefit-sharing mechanism [Genetic resources of ILCs and associated traditional knowledge]
10 Nagoya Protocol Innovations: Scope Genetic resources within the scope of CBD Article 15 and the benefits arising from their utilization (art 3): Subject matter: In-situ & ex-situ materials (animal, plant or microbial) Temporal scope: No retroactivity (No pre-cbd / pre-protocol materials) Geographic scope: Areas within limits of national jurisdiction Clear application to biochemicals: Utilization of genetic resources : R&D on genetic and biochemical composition of genetic resources Derivatives : Naturally occurring biochemical compounds resulting from expression or metabolism of biological or genetic resources (even if not associated with genetic material) Suhel al-janabi
11 Nagoya Protocol Innovations: Access Sovereign rights Prior informed consent Obligation to take access measures providing: Legal certainty, clarity, transparency and timeliness Fair and non-arbitrary access rules / procedures Clear rules / procedures requiring / establishing MATs Permit or equivalent: Evidence of decision to grant PIC and that MATs established istockphoto
12 Nagoya Protocol Innovations: Benefit-sharing Benefits to be shared on MATs (art 5): Utilization Subsequent applications Commercialization Obligation to take measures to ensure benefit-sharing Monetary and non-monetary benefits (Annex) Access fees Milestone payments, license fees, royalties Technology transfer Sharing research results Effective research participation istockphoto
13 Nagoya Protocol Innovations: Compliance Obligations for each Party to take measures: Supporting compliance with provider country s domestic ABS requirements (art 15) Facilitating dispute resolution of non-compliance with MATs (contractual terms) (art 18) Monitoring use (art 17) Designate check points to collect information at any stage of value chain (research, development, innovation, pre-commercialization or commercialization) Internationally recognized certificate of compliance Encouraging model contractual clauses and codes of conduct (art 19 & 20)
14 Nagoya Protocol Innovations: Global Multilateral Benefit-sharing Mechanism (GMBSM) Some scope-related issues proved irresolvable Innovative solution needed for benefit-sharing (Preamble) Transboundary situations; or Where PIC not possible to grant or obtain Article 10: Need for and modalities GMBSM Benefits would be used to support biodiversity conservation and sustainable use globally ICNP2 (2012): First consideration
15 Next Steps: Towards Early Entry into Force Opened for signature at UN Headquarters (NY) 2 February 2011 until 1 February 2012 Entry into force Ninetieth day after deposit of 50 th instrument of ratification Target: First COP-MOP (CBD COP11, India, October 2012) Target: 10 July 2012 Open-ended Intergovernmental Committee (ICNP) Prepares COP-MOP first meeting First meeting: 6-10 June 2011 (Montreal) Second meeting: April 2012 (India) Awareness raising and capacity-building activities Government of Japan GEF
16 Thank you for your attention! Secretariat of the Convention on Biological Diversity 413 Saint Jacques Street, Suite 800 Montreal, QC, H2Y 1N9, Canada Tel: Fax: secretariat@cbd.int
Convention on Biological Diversity: ABS. The Nagoya Protocol on Access and Benefit-sharing
Convention on Biological Diversity: ABS The Nagoya Protocol on Access and Benefit-sharing What is the Nagoya Protocol? The Nagoya Protocol on Access and Benefit-sharing is a new international treaty that
More informationArt Glowka ( )
The Convention on Biological Diversity and the Nagoya Protocol: Sources of Innovation in ABS for Marine Genetic Resources in ABNJ Lyle Glowka Executive Coordinator Convention on Migratory Species (Abu
More informationConvention on Biological Diversity: ABS. Theme The Bonn Guidelines
Convention on Biological Diversity: ABS Theme The Bonn Guidelines CBD EN Factsheet Bonn.indd 1 The Bonn Guidelines were adopted by the Conference of the Parties to the CBD in 2002 Image copyright: Dimitar
More informationNote by the Executive Secretary
CBD AD HOC OPEN-ENDED WORKING GROUP ON ACCESS AND BENEFIT-SHARING Seventh meeting Paris, 2-8 April 2009 Distr. GENERAL UNEP/CBD/WG-ABS/7/4 28 January 2009 ORIGINAL: ENGLISH COLLATION OF OPERATIVE TEXT
More informationConvention on Biological Diversity: ABS. Theme Traditional knowledge
Convention on Biological Diversity: ABS Theme Traditional knowledge For centuries, communities around the world have learned, used and passed on traditional knowledge about local biodiversity Image copyright:
More informationNAGOYA PROTOCOL ON ACCESS TO GR AND BENEFIT SHARING (ABS): CHALLENGES AND OPPORTUNITIES FOR MICROBIOLOGY DR. ALEJANDRO LAGO CANDEIRA
NAGOYA PROTOCOL ON ACCESS TO GR AND BENEFIT SHARING (ABS): CHALLENGES AND OPPORTUNITIES FOR MICROBIOLOGY DR. ALEJANDRO LAGO CANDEIRA Outline 1. About Access to genetic resources and Benefit- Sharing (ABS)
More informationGenetic Resources and Intellectual Property: Recent developments under the Convention on Biological Diversity
Genetic Resources and Intellectual Property: Recent developments under the Convention on Biological Diversity 15 September, 2004 Secretariat of the Convention on Biological Diversity Dan B. Ogolla OUTLINE
More informationSouth-South Exchange Meeting on the Conservation and Sustainable Use of Forest Biodiversity, 8-10 July 2009
South-South Exchange Meeting on the Conservation and Sustainable Use of Forest Biodiversity, 8-10 July 2009 ACCESS TO GENETIC RESOURCES AND BENEFIT-SHARING Valérie Normand Secretariat of the Convention
More informationAccess and benefit- sharing information kit. Ivan Cholakov Gostock/Shutterstock
Access and benefit- sharing information kit Ivan Cholakov Gostock/Shutterstock UNEP An information kit was developed to build awareness on ABS. The key themes addressed in the information kit are: Access
More informationII. SCOPE III. MAIN COMPONENTS... 21
CBD Distr. GENERAL UNEP/CBD/WG-ABS/7/5 28 January 2009 ORIGINAL: ENGLISH AD HOC OPEN-ENDED WORKING GROUP ON ACCESS AND BENEFIT-SHARING Seventh meeting Paris, 2-8 April 2009 COLLATION OF OPERATIVE TEXT
More informationThe Nagoya Protocol. Overview of the Nagoya Protocol
The Nagoya Protocol 1 Nagoya Protocol what is it? Supplementary agreement to the Convention on Biological Diversity (CBD). Expands on the CBD s access and benefit-sharing provisions. Adopted on 29 October
More informationBioTrade and the Implementation of the Nagoya Protocol
Federal Department of the Environment, Transport, Energy and Communications DETEC Federal Office for the Environment FOEN Soil and Biotechnology Division BioTrade and the Implementation of the Nagoya Protocol
More informationAccess and Benefit Sharing (Agenda item III.3)
POSITION PAPER Access and Benefit Sharing (Agenda item III.3) Tenth Meeting of the Conference of the Parties to the Convention on Biological Diversity (CBD COP10), 18-29 October, 2010, Nagoya, Japan Summary
More informationGeneral Overview: Objectives, Principles and Achievements to date of the current Programme of Work on Traditional Knowledge
General Overview: Objectives, Principles and Achievements to date of the current Programme of Work on Traditional Knowledge Mr. John Scott and Mr. Oliver Hillel Secretariat of the CBD Content What are
More informationJBA ABS Symposium on Digital Sequence Information. 28 February 2018 Tokyo
DIGITAL SEQUENCE INFORMATION: ICC VIEWS AND PERSPECTIVES ON INTERNATIONAL DISCUSSIONS AND DEVELOPMENTS JBA ABS Symposium on Digital Sequence Information 28 February 2018 Tokyo WHAT IS ICC? The world s
More informationBuilding TRUST Literally & Practically. Philippe Desmeth World Federation for Culture Collections
Building TRUST Literally & Practically Philippe Desmeth World Federation for Culture Collections 1 Contents CBD - Nagoya Protocol European regulation on ABS TRUST - Literally TRUST - Practically Nagoya
More informationSubregional Seminar on the Legal Protection of Biotechnology and Genetic Resources Banska Bystrica, May 2 and 3, Access and Benefit Sharing
Subregional Seminar on the Legal Protection of Biotechnology and Genetic Resources Banska Bystrica, May 2 and 3, 2007 Access and Benefit Sharing Hans Georg Bartels 1 Overview The Context The Patent system
More informationCBD/ Access and Benefit Sharing
CBD/ Access and Benefit Sharing Comments on the Proposal for a Regulation of the European Parliament and of the Council on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits from
More informationCBD. Distr. GENERAL. UNEP/CBD/COP/9/INF/16 4 March 2008 ENGLISH ONLY
CBD Distr. GENERAL UNEP/CBD/COP/9/INF/16 4 March 2008 ENGLISH ONLY CONFERENCE OF THE PARTIES TO THE CONVENTION ON BIOLOGICAL DIVERSITY Ninth meeting Bonn, 19 30 May 2008 Item 4.1 of the provisional agenda*
More informationCommittee on Development. for the Committee on the Environment, Public Health and Food Safety
EUROPEAN PARLIAMT 2009-2014 Committee on Development 28.3.2013 2012/0278(COD) DRAFT OPINION of the Committee on Development for the Committee on the Environment, Public Health and Food Safety on the proposal
More informationDifferent Options for ABS in Relation to Marine Genetic Resources in ABNJ
Different Options for ABS in Relation to Marine Genetic Resources in ABNJ Seminar on Conservation and Sustainable Use of Marine Biodiversity Beyond National Jurisdiction Thomas Greiber (LL.M.) Senior Legal
More informationSøren Flensted Lassen, Novozymes A/S 07 June 2016
Brazil and European Dialogue on the Implementation of the Nagoya Protocol - Exchange of Genetic Resources - Private sector: Consideration and expectation in handling GR in product development, Incl. procedures
More informationWIPO Intergovernmental Committee on Intellectual Property, Genetic Resources, Traditional Knowledge and Folklore, Sixth Session, March 2004
WIPO Intergovernmental Committee on Intellectual Property, Genetic Resources, Traditional Knowledge and Folklore, Sixth Session, 15-19 March 2004 Statement by the Secretariat of the Convention on Biological
More informationTHE ASEAN FRAMEWORK AGREEMENT ON ACCESS TO BIOLOGICAL AND GENETIC RESOURCES
Draft Text 24 February 2000 THE ASEAN FRAMEWORK AGREEMENT ON ACCESS TO BIOLOGICAL AND GENETIC RESOURCES The Member States of the Association of South East Asian Nations (ASEAN) : CONSCIOUS of the fact
More informationCBD Request to WIPO on the Interrelation of Access to Genetic Resources and Disclosure Requirements
CBD Request to WIPO on the Interrelation of Access to Genetic Resources and Disclosure Requirements Establishing an adequate framework for a WIPO Response 1 Table of Contents I. Introduction... 1 II. Supporting
More informationFunctionality of the Nagoya ABS Protocol with a view to AnGR and a side-look to Anti- Conterfeiting Trade Agreement (ACTA)
Functionality of the Nagoya ABS Protocol with a view to AnGR and a side-look to Anti- Conterfeiting Trade Agreement (ACTA) Morten Walløe Tvedt Senior research fellow International Technical Expert Workshop
More informationSectoral Linkages and Lessons Learnt on Access and Benefit Sharing (ABS): Moving the ABS Agenda Forward
Workshop Report Sectoral Linkages and Lessons Learnt on Access and Benefit Sharing (ABS): Moving the ABS Agenda Forward 28 November, 2008, Tokyo Report Writers 1 : Joerg Schmidt, Chia Hsin and Miguel Esteban
More informationIntellectual Property and Genetic Resources: Relationship with Relevant International Instruments
South Unity, South Progress. Intellectual Property and Genetic Resources: Relationship with Relevant International Instruments Viviana Munoz Tellez Coordinator Development, Innovation and Intellectual
More informationAfrican Union Practical Guidelines for the Coordinated Implementation of the Nagoya Protocol in Africa
African Union Practical Guidelines for the Coordinated Implementation of the Nagoya Protocol in Africa Table of Content Acronyms and Abbreviations iv Background 1 Context 1 Process 2 Guidelines for the
More informationThe BBNJ instrument could also restate the objective of UNCLOS to protect and preserve the marine environment.
Submission on behalf of the Member States of the Caribbean Community (CARICOM) for the Development of an international legally-binding instrument under the Convention on the Law of the Sea on the conservation
More informationThe Nagoya Protocol: Compliance. Implications of the E.U. law for Microbiologists
The Nagoya Protocol: Compliance Implications of the E.U. law for Microbiologists 1 Nagoya Protocol Compliance In this talk I will outline: The role of compliance How developed countries will respond The
More informationThe Nagoya Protocol: Main Characteristics, Challenges and Opportunities. By the Innovation and Access to Knowledge Programme Team, South Centre
POLICY BRIEF No. 18 May 2015 The Nagoya Protocol: Main Characteristics, Challenges and Opportunities By the Innovation and Access to Knowledge Programme Team, South Centre Executive Summary The Nagoya
More informationbusiness.2020 Helping businesses implement the Nagoya Protocol Nagoya Protocol and ABS regulation in Brazil: The view of Brazilian industry
NOVEMBER 2015 Volume 10 Issue 1 business.2020 A magazine on business & biodiversity Secretariat of the Convention on Biological Diversity SPECIAL FOCUS ON ACCESS AND BENEFIT-SHARING Helping businesses
More informationDERIVATIVES UNDER THE EU ABS REGULATION: THE CONTINUITY CONCEPT
DERIVATIVES UNDER THE EU ABS REGULATION: THE CONTINUITY CONCEPT SUBMISSION Prepared by the ICC Task Force on Access and Benefit Sharing Summary and highlights Executive Summary Introduction The current
More informationOperational Objectives Outcomes Indicators
UNEP/CBD/BS/COP-MOP/5/17 Page 106 ELEMENTS OF STRATEGIC PLAN FOR THE CARTAGENA PROTOCOL ON BIOSAFETY VISION Biological diversity is adequately protected from any adverse effects of living modified organisms
More informationThe Nagoya Protocol & its Access and Benefit- Sharing Clearing- House
The Nagoya Protocol & its Access and Benefit- Sharing Clearing- House November 24, 2014 Working out ABS International Chamber of Commerce Paris, France Background: Convention on Biological Diversity has
More informationAccess and Benefit Sharing: Case studies and International experience
Access and Benefit Sharing: Case studies and International experience Palpu Pushpangadan palpuprakulam@yahoo.co.in Amity Institute for Herbal and Biotech Products Development Peroorkada. P.O. Trivandrum,
More informationCOP 13 - AGENDA ITEM 9 Interim review of progress towards the implementation of the Strategic Plan for Biodiversity
COP 13 - AGENDA ITEM 9 Interim review of progress towards the implementation of the Strategic Plan for Biodiversity 2011-2020 CBD Secretariat Pre-COP Regional Preparatory Meetings August 2016 5 th National
More informationLegal Status of Marine Genetic Resources in the Context of BBNJ Negotiations: Diverse Legal Regimes and Related Problems
Legal Status of Marine Genetic Resources in the Context of BBNJ Negotiations: Diverse Legal Regimes and Related Problems Konrad Jan Marciniak, PhD konrad.marciniak@msz.gov.pl All view expressed are Author
More informationCapacity-Building and Technology Transfer Issues Related to Marine Genetic Resources: Challenges and Opportunities
Capacity-Building and Technology Transfer Issues Related to Marine Genetic Resources: Challenges and Opportunities Eighth Meeting of the UN Informal Consultative Process on Oceans and Law of the Sea June
More informationIntergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore
E WIPO/GRTKF/IWG/3/9 ORIGINAL: ENGLISH DATE: JANUARY 10, 2011 Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore Third Intersessional Working
More informationBIOPIRACY: FACT OR FICTION? INTERNATIONAL TREATY NEGOTIATIONS COULD AFFECT YOUR IP RIGHTS AND YOUR BOTTOM LINE
BIOPIRACY: FACT OR FICTION? INTERNATIONAL TREATY NEGOTIATIONS COULD AFFECT YOUR IP RIGHTS AND YOUR BOTTOM LINE BRYAN J. VOGEL 2013 ANNUAL IPO MEETING SEPTEMBER 15-17, 2013 BOSTON, MASSACHUSETTS AGENDA
More informationCONCERTED ACTION CONTRACT N BIO4-CT (DGXII - SSMI) MOSAICC. MOSAICC / November 2000 / BCCM - Philippe Desmeth /
ELABORATION AND DIFFUSION OF A CODE OF CONDUCT FOR THE ACCESS TO AND SUSTAINABLE USE OF MICROBIAL RESOURCES WITHIN THE FRAMEWORK OF THE CONVENTION ON BIOLOGICAL DIVERSITY CONCERTED ACTION CONTRACT N BIO4-CT97-2206
More informationAgreement on Access and Benefit-sharing for Academic Research
Vol. 11, N o 3, 2016 www.swiss-academies.ch Agreement on Access and Benefit-sharing for Academic Research A toolbox for drafting Mutually Agreed Terms for access to Genetic Resources and to Associated
More informationCBD. Distr. GENERAL. CBD/DSI/AHTEG/2018/1/4 20 February 2018 ENGLISH ONLY
CBD Distr. GENERAL CBD/DSI/AHTEG/2018/1/4 20 February 2018 ENGLISH ONLY AD HOC TECHNICAL EXPERT GROUP ON DIGITAL SEQUENCE INFORMATION ON GENETIC RESOURCES Montreal, Canada, 13-16 February 2018 REPORT OF
More informationCommon Pools in Aquaculture Sui Generis and Other Options for Benefit Sharing
Common Pools in Aquaculture Sui Generis and Other Options for Benefit Sharing Senior research fellow, lawyer, and researcher Fridtjof Nansen Institute Seminar on Conservation and Sustainable Use of Marine
More informationCBD. Distr. GENERAL. CBD/COP/DEC/XIII/21 17 December 2016 ORIGINAL: ENGLISH
CBD Distr. GENERAL CBD/COP/DEC/XIII/21 17 December 2016 ORIGINAL: ENGLISH CONFERENCE OF THE PARTIES TO THE CONVENTION ON BIOLOGICAL DIVERSITY Thirteenth meeting Cancun, Mexico, 4-17 December 2016 Agenda
More informationABS of MGR in ABNJ: building blocks for a pragmatic solution
ABS of MGR in ABNJ: building blocks for a pragmatic solution dr. Thomas Vanagt mr. Dominic Muyldermans Contact: thomas.vanagt@abs-int.eu Talk Overview Short Bio ABS under the CBD The ABC of ABS Lessons
More informationThe ABS Capacity Development Initiative. Supporting the implementation of the Nagoya Protocol.
The ABS Capacity Development Initiative Supporting the implementation of the Nagoya Protocol www.abs-initiative.info funded by implemented by Access to genetic resources and the sharing of benefits arising
More informationA. GENERAL ELEMENTS. Use of Terms
Submission on behalf of the Member States of the Caribbean Community (CARICOM) for the Development of an international legally-binding instrument under the Convention on the Law of the Sea on the conservation
More informationDRAFT GUIDELINES ON ACCESS AND BENEFIT SHARING
DRAFT GUIDELINES ON ACCESS AND BENEFIT SHARING UNDER THE BIOLOGICAL DIVERSITY ACT, 2002 PRESENTED TO THE NATIONAL BIODIVERSITY AUTHORITY PREPARED BY YESHWANTH SHENOY ADVOCATE PLEASE SEND FEEDBACK TO: MR.YESHWANTH
More informationMultilateral negotiations on IP - Traditional Knowledge and Genetic resources
Multilateral negotiations on IP - Traditional Knowledge and Genetic resources Alejandro Neyra Lima, March 2010 Intellectual property multilateral negotiations WIPO treaties/processes WTO: TRIPS Agreement
More informationSUBMISSION OF INFORMATION BY THE WORLD INTELLECTUAL PROPERTY ORGANIZATION
SUBMISSION OF INFORMATION BY THE WORLD INTELLECTUAL PROPERTY ORGANIZATION 1. This document responds to the invitation, dated December 16, 2010, from the Executive Secretary of the Convention on Biological
More information10th Pan African Workshop on Access and Benefit-Sharing
10th Pan African Workshop on Access and Benefit-Sharing 6 th 10 th March 2017, Dakar, Senegal Hosted by the Direction des Parcs Nationaux du Sénégal REPORT 2 Photos: Lena Fey, Hartmut Meyer Contents Background...
More informationLaw. Environment and Development Journal AN INTRODUCTION TO THE INTERNATIONAL ABS REGIME AND A COMMENT ON ITS TRANSPOSITION BY THE EU
Environment and Development Journal Law LEAD AN INTRODUCTION TO THE INTERNATIONAL ABS REGIME AND A COMMENT ON ITS TRANSPOSITION BY THE EU Evanson Chege Kamau and Gerd Winter ARTICLE VOLUME 9/2 LEAD Journal
More informationMULTILATERAL BENEFIT-SHARING APPROACHES POSSIBILITIES AND CHALLENGES UNDER THE NAGOYA PROTOCOL. Third ABS Dialogue 24-25th May 2018, Mexico City
MULTILATERAL BENEFIT-SHARING APPROACHES POSSIBILITIES AND CHALLENGES UNDER THE NAGOYA PROTOCOL Third ABS Dialogue 24-25th May 2018, Mexico City TIMOTHY J HODGES OUTLINE 2 CONCEPT Benefit Sharing (in the
More information06/2015. Overview of the Minamata Convention on Mercury
Overview of the Minamata Convention on Mercury This presentation is provided for information purposes and shall not be reproduced. It does not represent an interpretation of the Minamata Convention by
More informationGenetic Resources Management in Commonwealth Areas
Genetic Resources Management in Commonwealth Areas Sustainable Access Shared Benefits Understanding the new Australian regulations for access to genetic and biochemical resources found in native species
More informationOpen Science, Open Data & Nagoya Protocol Legal certainty in uncertain times
2018 BELSPO WDCM GCM 2.0 Type Strain Sequencing Project Workshop Beijing, 21-22 November 2018 Open Science, Open Data & Nagoya Protocol Legal certainty in uncertain times Philippe Desmeth BCCM International
More informationPrepared by the ICC Commission on Biosociety and Commission on Intellectual Property
International Chamber of Commerce The world business organization Discussion Paper Access and Benefit-Sharing for Genetic Resources Prepared by the ICC Commission on Biosociety and Commission on Intellectual
More informationCharles Lawson * INTRODUCTION
Implementing an objective of the Convention on Biological Diversity intellectual property, access to genetic resources and benefit sharing in Australia Charles Lawson * One of the objectives of the United
More informationWIPO s work on disclosure and protection of TK & GR Introduction in the Draft Provisions on TK and Revised List of Options on GR
WIPO s work on disclosure and protection of TK & GR Introduction in the Draft Provisions on TK and Revised List of Options on GR Dr. Thomas Henninger Associate Officer, Genetic Resources and Traditional
More informationWORLD TRADE ORGANIZATION
WORLD TRADE ORGANIZATION Council for Trade-Related Aspects of Intellectual Property Rights IP/C/W/383 17 October 2002 (02-5638) Original: English COMMUNICATION FROM THE EUROPEAN COMMUNITIES AND THEIR MEMBER
More informationNagoya Protocol & Open Science Time for scientists to speak out! Philippe Desmeth MOSAICC, MOSAICS & TRUST Coordinator WFCC Past President
Nagoya Protocol & Open Science Time for scientists to speak out! Philippe Desmeth MOSAICC, MOSAICS & TRUST Coordinator WFCC Past President 2010-2017 OUTLINE Nagoya Protocol Essence of Science - The Spirit
More informationNorwegian Nature Diversity Act - Genetic Material
Norwegian Nature Diversity Act - Genetic Material 1 July 2009 Grethe Evjen Norwegian Ministry of Agriculture and Food Purpose Section 1 Protect biological, geological and landscape diversity and ecological
More informationMarine biological diversity of areas beyond national jurisdiction. Legal and policy framework
Marine biological diversity of areas beyond national jurisdiction Legal and policy framework 1. The United Nations Convention on the Law of the Sea (UNCLOS) provides the legal framework within which all
More informationAnnotations to the provisional agenda INTRODUCTION
CBD Distr. GENERAL 6 November 2013 ORIGINAL: ENGLISH WORKSHOP OF THE NETWORK OF LABORATORIES FOR THE DETECTION AND IDENTIFICATION OF LIVING MODIFIED ORGANISMS Ispra, Italy, 25-27 November 2013 Item 2 of
More informationBIOBASED PRODUCTS AND POTENTIAL IMPACTS OF THE NAGOYA PROTOCOL
BIOBASED PRODUCTS AND POTENTIAL IMPACTS OF THE NAGOYA PROTOCOL Donna O. Perdue, Ph.D., J.D. Perdue IP Law, APC What is Required to Protect Research and Innovation in Industrial Biotechnology? 2016 BIO
More informationDECISION ADOPTED BY THE CONFERENCE OF THE PARTIES TO THE CONVENTION ON BIOLOGICAL DIVERSITY AT ITS TENTH MEETING
CBD Distr. GENERAL UNEP/CBD/COP/DEC/X/24 29 October 2010 ORIGINAL: ENGLISH CONFERENCE OF THE PARTIES TO THE CONVENTION ON BIOLOGICAL DIVERSITY Tenth meeting Nagoya, Japan, 18-29 October 2010 Agenda item
More informationStanding Committee on TRIPS Standing Committee on IP and Genetic Resources / Traditional Knowledge
Standing Committee on TRIPS Standing Committee on IP and Genetic Resources / Traditional Knowledge Questionnaire on the requirement of indicating the source and/or country of origin of genetic resources
More informationQuestion Q 159. The need and possible means of implementing the Convention on Biodiversity into Patent Laws
Question Q 159 The need and possible means of implementing the Convention on Biodiversity into Patent Laws National Group Report Guidelines The majority of the National Groups follows the guidelines for
More informationFor comments and/or queries on this paper, please contact: For other publications or more information, please contact: Delwyn Dupuis
This paper was researched and written by Catherine Monagle for CIEL and WWF International. This paper aims to provide a platform for further discussions on policy alternatives. It does not intend to form
More informationThe relationship between the IR, the WTO, UPOV Convention and WIPO. Jorge Cabrera Medaglia
The relationship between the IR, the WTO, UPOV Convention and WIPO Jorge Cabrera Medaglia Structure of the study 1. Factual overview of relevant developments and provisions and their relationship with
More informationItem 7.4 of the Provisional Agenda SEVENTH SESSION OF THE GOVERNING BODY. Kigali, Rwanda, 30 October - 3 November 2017
September 2017 IT/GB-7/17/Inf.21 E Item 7.4 of the Provisional Agenda SEVENTH SESSION OF THE GOVERNING BODY Kigali, Rwanda, 30 October - 3 November 2017 Draft texts on intellectual property and genetic
More informationGENEVA INTERGOVERNMENTAL COMMITTEE ON INTELLECTUAL PROPERTY AND GENETIC RESOURCES, TRADITIONAL KNOWLEDGE AND FOLKLORE
WIPO WIPO/GRTKF/IC/12/8 (b) ORIGINAL: English DATE: February 15, 2008 WORLD INTELLECTUAL PROPERT Y O RGANI ZATION GENEVA E INTERGOVERNMENTAL COMMITTEE ON INTELLECTUAL PROPERTY AND GENETIC RESOURCES, TRADITIONAL
More informationECONOMIC PARTNERSHIP AGREEMENT BETWEEN THE CARIFORUM STATES, OF THE ONE PART, AND THE EUROPEAN COMMUNITY AND ITS MEMBER STATES, OF THE OTHER PART
ECONOMIC PARTNERSHIP AGREEMENT BETWEEN THE CARIFORUM STATES, OF THE ONE PART, AND THE EUROPEAN COMMUNITY AND ITS MEMBER STATES, OF THE OTHER PART Objectives Article 1 The objectives of this Agreement are:
More informationAdvance Unedited Version. Concept Paper
Concept Paper Partnership dialogue 7: Enhancing the conservation and sustainable use of oceans and their resources by implementing international law as reflected in the United Nations Convention on the
More informationTREATY GOVERNANCE, INTELLECTUAL PROPERTY AND BIODIVERSITY
TREATY GOVERNANCE, INTELLECTUAL PROPERTY AND BIODIVERSITY John Linarelli INTRODUCTION In the past several decades international treaty regimes relevant to both biodiversity and intellectual property have
More informationDraft Intellectual Property Guidelines for Access to Genetic Resources and Equitable Sharing of the Benefits arising from their Utilization
Draft Intellectual Property Guidelines for Access to Genetic Resources and Equitable Sharing of the Benefits arising from their Utilization CONSULTATION DRAFT February 4, 2013 World Intellectual Property
More informationCHAPTER IV TRIPS VERSUS CBD: TOWARDS A FRAMEWORK FOR INTELLECTUAL PROPERTY PROTECTION OF BIODIVERSITY
CHAPTER IV TRIPS VERSUS CBD: TOWARDS A FRAMEWORK FOR INTELLECTUAL PROPERTY PROTECTION OF BIODIVERSITY 4.0. Introduction The increasing importance of Biodiversity associated Traditional Knowledge sparked
More informationASEAN Training Workshop on Building Capacity on ABS
FINAL REPORT for APN PROJECT Project Reference Number: CBA2012-07NSY-Arida ASEAN Training Workshop on Building Capacity on ABS - Making a Difference Scientific Capacity Building & Enhancement for Sustainable
More informationACCESS TO AND BENEFIT SHARING OF MARINE GENETIC RESOURCES BEYOND NATIONAL JURISDICTION: DEVELOPING A NEW LEGALLY BINDING INSTRUMENT
Research Paper 79 September 2017 ACCESS TO AND BENEFIT SHARING OF MARINE GENETIC RESOURCES BEYOND NATIONAL JURISDICTION: DEVELOPING A NEW LEGALLY BINDING INSTRUMENT Carlos M. Correa RESEARCH PAPERS 79
More informationCBD. Distr. GENERAL. UNEP/CBD/WG-ABS/7/INF/3/Part.2 3 March 2009 ENGLISH ONLY
CBD Distr. GENERAL UNEP/CBD/WG-ABS/7/INF/3/Part.2 3 March 2009 ENGLISH ONLY AD HOC OPEN-ENDED WORKING GROUP ON ACCESS AND BENEFIT-SHARING Seventh meeting Paris, 2-8 April 2009 Item 3 of the provisional
More informationREPORT ON THE ROLE OF INTELLECTUAL PROPERTY RIGHTS IN THE IMPLEMENTATION OF ACCESS AND BENEFIT-SHARING ARRANGEMENTS Note by the Executive Secretary
CBD CONVENTION ON BIOLOGICAL DIVERSITY Distr. GENERAL UNEP/CBD/WG-ABS/1/4 10 August 2001 ORIGINAL: ENGLISH AD HOC OPEN-ENDED WORKING GROUP ON ACCESS AND BENEFIT-SHARING First meeting Bonn, 22-26 October
More informationPending issues arising from the work of the second Meeting of the Conference of the Parties
Page 46 III/1. Pending issues arising from the work of the second Meeting of the Conference of the Parties The Conference of the Parties, Having considered paragraphs 4 and 16 of the financial rules for
More informationdiscussions on the post 2020 Global Biodiversity Framework to be adopted at COP 15 in China in 2020.
REPORT OF THE THIRD ABS DIALOGUE ON KEY CHALLENGES AND PRACTICAL WAYS FORWARD FOR THE FULL IMPLEMENTATION OF THE NAGOYA PROTOCOL AND ITS CONTRIBUTION TO THE 2030 SUSTAINABLE DEVELOPMENT AGENDA EXECUTIVE
More informationAnimal Genetic Resources and Intellectual Property Rights The Issues
Animal Genetic Resources and Intellectual Property Rights The Issues Paper presented by Susan E. Jones, at the International Technical Conference on Animal Genetic Resources, Interlaken Switzerland, 1-7
More informationGENEVA INTERGOVERNMENTAL COMMITTEE ON INTELLECTUAL PROPERTY AND GENETIC RESOURCES, TRADITIONAL KNOWLEDGE AND FOLKLORE
WIPO WIPO/GRTKF/IC/6/INF/3 ORIGINAL: English DATE: December 8, 2003 WORLD INTELLECTUAL PROPERT Y O RGANI ZATION GENEVA E INTERGOVERNMENTAL COMMITTEE ON INTELLECTUAL PROPERTY AND GENETIC RESOURCES, TRADITIONAL
More informationIntellectual Property Rights and Marine Genetic Resources of the Areas beyond National Jurisdiction
Ministry of Foreign Affairs Second International Symposium on the Law of the Sea International Law for the Resources of the Sea Tokyo, 16-17 February 2016 Segment 3: Marine Biological Diversity beyond
More informationISSUES LINKED TO CONVENTION ON BIOLOGICAL DIVERSITY IN THE WTO
C ENTER FOR I NTERNATIONAL E NVIRONMENTAL L AW ISSUES LINKED TO CONVENTION ON BIOLOGICAL DIVERSITY IN THE WTO NEGOTIATIONS: IMPLEMENTING DOHA MANDATES BY DAVID VIVAS EUGUI1 6 TH OF JULY, 2002 1 The views
More informationConvinced of the ecological, economic, social and cultural value of the Northeast Pacific as a means of bonding between the countries of the region,
CONVENTION FOR COOPERATION IN THE PROTECTION AND SUSTAINABLE DEVELOPMENT OF THE MARINE AND COASTAL ENVIRONMENT OF THE NORTHEAST PACIFIC (Antigua Convention) The Contracting Parties, Mindful of the need
More informationINTELLECTUAL PROPERTY RIGHTS, BIOPROSPECTING, BIO-DIVERSITY AND TK
INTELLECTUAL PROPERTY RIGHTS, BIOPROSPECTING, BIO-DIVERSITY AND TK Professor Uma Suthersanen Centre for Commercial Law Studies Queen Mary, University of London PART ONE: BIO-PROSPECTING WHY BIOPROSPECTING
More informationBenefit Sharing in ABS:
UNU-IAS Report Benefit Sharing in ABS: Options and Elaborations This report was written by MS Suneetha, Biodiplomacy Programme, United Nations University Institute of Advanced Studies, and Balakrishna
More informationTechnology Transfer and Cooperation under the Convention on Biological Diversity Towards more effective implementation
Technology Transfer and Cooperation under the Convention on Biological Diversity Towards more effective implementation 1. Introduction The year 2010 has been designated as the International Year of Biodiversity
More informationPossible elements of the outcome
FCCC/AWGLCA/2010/CRP.1 24 November 2010 Original: English Ad Hoc Working Group on Long-term Cooperative Action under the Convention Thirteenth session Cancun, 29 November 2010 * Item 3 of the provisional
More informationBiopiracy after the Nagoya Protocol: Problem Structure, Regime Design and Implementation Challenges *
Biopiracy after the Nagoya Protocol: Problem Structure, Regime Design and Implementation Challenges * Florian Rabitz Vrije Universiteit Brussels, Belgium This article assesses the effectiveness of the
More informationAnita Pissolito Campos Nascimento & Mourão Advogados. Anita Pissolito Campos Nascimento e Mourão Advogados
Bio Latin America Conference October 26-28, 2016 São Paulo, Brazil Industrial and Environmental Leadership Sessions Regulatory Barriers to Growing the Bio-Based Economy Anita Pissolito Campos Nascimento
More informationIV/10. Measures for implementing the Convention on Biological Diversity
IV/10. Measures for implementing the Convention on Biological Diversity A. Incentive measures: consideration of measures for the implementation of Article 11 Reaffirming the importance for the implementation
More informationINTELLECTUAL PROPERTY AND ENVIRONMENT: THE RELATIONSHIP BETWEEN THE CONVENTION ON BIOLOGICAL DIVERSITY AND THE TRIPS AGREEMENT DRAFT WORKING PAPER
INTELLECTUAL PROPERTY AND ENVIRONMENT: THE RELATIONSHIP BETWEEN THE CONVENTION ON BIOLOGICAL DIVERSITY AND THE TRIPS AGREEMENT DRAFT WORKING PAPER Capacity Building Meeting on Environment, Trade and Sustainable
More informationCaptain J. Ashley Roach, JAGC, USN (retired) Senior Visiting Scholar and Global Associate Centre for International Law National University of
Captain J. Ashley Roach, JAGC, USN (retired) Senior Visiting Scholar and Global Associate Centre for International Law National University of Singapore Office of the Legal Adviser U.S. Department of State
More information