NAGOYA PROTOCOL ON ACCESS TO GR AND BENEFIT SHARING (ABS): CHALLENGES AND OPPORTUNITIES FOR MICROBIOLOGY DR. ALEJANDRO LAGO CANDEIRA

Similar documents
Søren Flensted Lassen, Novozymes A/S 07 June 2016

BioTrade and the Implementation of the Nagoya Protocol

Convention on Biological Diversity: ABS. The Nagoya Protocol on Access and Benefit-sharing

Building TRUST Literally & Practically. Philippe Desmeth World Federation for Culture Collections

Note by the Executive Secretary

JBA ABS Symposium on Digital Sequence Information. 28 February 2018 Tokyo

Intellectual Property and Genetic Resources: Relationship with Relevant International Instruments

The Nagoya Protocol. Overview of the Nagoya Protocol

The Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits arising from their Utilization

Art Glowka ( )

Genetic Resources and Intellectual Property: Recent developments under the Convention on Biological Diversity

CBD/ Access and Benefit Sharing

II. SCOPE III. MAIN COMPONENTS... 21

The Nagoya Protocol: Compliance. Implications of the E.U. law for Microbiologists

Committee on Development. for the Committee on the Environment, Public Health and Food Safety

CBD. Distr. GENERAL. UNEP/CBD/COP/9/INF/16 4 March 2008 ENGLISH ONLY

Access and benefit- sharing information kit. Ivan Cholakov Gostock/Shutterstock

DERIVATIVES UNDER THE EU ABS REGULATION: THE CONTINUITY CONCEPT

Access and Benefit Sharing (Agenda item III.3)

South-South Exchange Meeting on the Conservation and Sustainable Use of Forest Biodiversity, 8-10 July 2009

African Union Practical Guidelines for the Coordinated Implementation of the Nagoya Protocol in Africa

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

BIOBASED PRODUCTS AND POTENTIAL IMPACTS OF THE NAGOYA PROTOCOL

Functionality of the Nagoya ABS Protocol with a view to AnGR and a side-look to Anti- Conterfeiting Trade Agreement (ACTA)

Convention on Biological Diversity: ABS. Theme The Bonn Guidelines

Subregional Seminar on the Legal Protection of Biotechnology and Genetic Resources Banska Bystrica, May 2 and 3, Access and Benefit Sharing

Different Options for ABS in Relation to Marine Genetic Resources in ABNJ

Sectoral Linkages and Lessons Learnt on Access and Benefit Sharing (ABS): Moving the ABS Agenda Forward

General Overview: Objectives, Principles and Achievements to date of the current Programme of Work on Traditional Knowledge

THE ASEAN FRAMEWORK AGREEMENT ON ACCESS TO BIOLOGICAL AND GENETIC RESOURCES

CBD Request to WIPO on the Interrelation of Access to Genetic Resources and Disclosure Requirements

WIPO Intergovernmental Committee on Intellectual Property, Genetic Resources, Traditional Knowledge and Folklore, Sixth Session, March 2004

The BBNJ instrument could also restate the objective of UNCLOS to protect and preserve the marine environment.

Norwegian Nature Diversity Act - Genetic Material

Open Science, Open Data & Nagoya Protocol Legal certainty in uncertain times

DRAFT GUIDELINES ON ACCESS AND BENEFIT SHARING

Convention on Biological Diversity: ABS. Theme Traditional knowledge

BIOPIRACY: FACT OR FICTION? INTERNATIONAL TREATY NEGOTIATIONS COULD AFFECT YOUR IP RIGHTS AND YOUR BOTTOM LINE

The Nagoya Protocol: Main Characteristics, Challenges and Opportunities. By the Innovation and Access to Knowledge Programme Team, South Centre

Access and Benefit Sharing: Case studies and International experience

Nagoya Protocol & Open Science Time for scientists to speak out! Philippe Desmeth MOSAICC, MOSAICS & TRUST Coordinator WFCC Past President

Common Pools in Aquaculture Sui Generis and Other Options for Benefit Sharing

Law. Environment and Development Journal AN INTRODUCTION TO THE INTERNATIONAL ABS REGIME AND A COMMENT ON ITS TRANSPOSITION BY THE EU

10th Pan African Workshop on Access and Benefit-Sharing

Question Q 159. The need and possible means of implementing the Convention on Biodiversity into Patent Laws

The ABS Capacity Development Initiative. Supporting the implementation of the Nagoya Protocol.

Operational Objectives Outcomes Indicators

Statement by the BIAC Committee on Technology and Industry on THE IMPACT OF INTELLECTUAL PROPERTY PROTECTION ON INNOVATION AND TECHNOLOGY DEVELOPMENT

CHAPTER IV TRIPS VERSUS CBD: TOWARDS A FRAMEWORK FOR INTELLECTUAL PROPERTY PROTECTION OF BIODIVERSITY

Americas Trade and Sustainable Development Forum (ATSDF) November 2003, Miami. Trade, Knowledge and Intellectual Property Rights Thematic Tent

Item 7.4 of the Provisional Agenda SEVENTH SESSION OF THE GOVERNING BODY. Kigali, Rwanda, 30 October - 3 November 2017

ABS of MGR in ABNJ: building blocks for a pragmatic solution

ISSUES LINKED TO CONVENTION ON BIOLOGICAL DIVERSITY IN THE WTO

LEGISLATIVE OPTIONS FOR TK AND

The Nagoya Protocol on access to genetic resources and benefit sharing: User-country measures and implementation in India

CONCERTED ACTION CONTRACT N BIO4-CT (DGXII - SSMI) MOSAICC. MOSAICC / November 2000 / BCCM - Philippe Desmeth /

CBD. Distr. GENERAL. UNEP/CBD/WG-ABS/7/INF/3/Part.3 3 March 2009 ORIGINAL: ENGLISH

SUBMISSION OF INFORMATION BY THE WORLD INTELLECTUAL PROPERTY ORGANIZATION

CBD. Distr. GENERAL. CBD/DSI/AHTEG/2018/1/4 20 February 2018 ENGLISH ONLY

Standing Committee on TRIPS Standing Committee on IP and Genetic Resources / Traditional Knowledge

ECONOMIC PARTNERSHIP AGREEMENT BETWEEN THE CARIFORUM STATES, OF THE ONE PART, AND THE EUROPEAN COMMUNITY AND ITS MEMBER STATES, OF THE OTHER PART

Questionnaire February 2010

business.2020 Helping businesses implement the Nagoya Protocol Nagoya Protocol and ABS regulation in Brazil: The view of Brazilian industry

1 What is Standardization? 2 What is a standard? 3 The Spanish Association for Standardization, UNE

IV/10. Measures for implementing the Convention on Biological Diversity

Marine biological diversity of areas beyond national jurisdiction. Legal and policy framework

Genetic Resources Management in Commonwealth Areas

WORLD TRADE ORGANIZATION

A. GENERAL ELEMENTS. Use of Terms

The relationship between the IR, the WTO, UPOV Convention and WIPO. Jorge Cabrera Medaglia

Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore

Capacity-Building and Technology Transfer Issues Related to Marine Genetic Resources: Challenges and Opportunities

Draft Intellectual Property Guidelines for Access to Genetic Resources and Equitable Sharing of the Benefits arising from their Utilization

MULTILATERAL BENEFIT-SHARING APPROACHES POSSIBILITIES AND CHALLENGES UNDER THE NAGOYA PROTOCOL. Third ABS Dialogue 24-25th May 2018, Mexico City

Access and Benefit- Sharing (ABS) and the UNESCO Chair in Environmental Studies. June, 2014

GENEVA INTERGOVERNMENTAL COMMITTEE ON INTELLECTUAL PROPERTY AND GENETIC RESOURCES, TRADITIONAL KNOWLEDGE AND FOLKLORE

Agreement on Access and Benefit-sharing for Academic Research

An overview of India's approach to key IP issues at home and abroad. Dr. Bona Muzaka King s College London

Intellectual Property: Plurality, Culture, National Interest, and International Harmonization

CBD. Distr. GENERAL. UNEP/CBD/WG-ABS/7/INF/3/Part.2 3 March 2009 ENGLISH ONLY

Dr. Biswajit Dhar Professor, Jawaharlal Nehru University, India and Member DA9 Advisory Board

Charles Lawson * INTRODUCTION

19 Progressive Development of Protection Framework for Pharmaceutical Invention under the TRIPS Agreement Focusing on Patent Rights

25 July 2017 Without prejudice [PROVISIONS IN RELATION TO TRADE IN GOODS ALREADY INCLUDED IN THE EU TEXT PROPOSAL FOR THE TRADE IN GOODS CHAPTER]

Multilateral negotiations on IP - Traditional Knowledge and Genetic resources

WIPO Development Agenda

GENEVA INTERGOVERNMENTAL COMMITTEE ON INTELLECTUAL PROPERTY AND GENETIC RESOURCES, TRADITIONAL KNOWLEDGE AND FOLKLORE

For comments and/or queries on this paper, please contact: For other publications or more information, please contact: Delwyn Dupuis

Key decisions adopted by the Convention on Biological Diversity and the Cartagena Protocol on Biosafety related to synthetic biology

WTO-ESCAP-IIUM Regional Workshop on IP and Public Health and Environment Policy for Asian and Pacific Region

The 45 Adopted Recommendations under the WIPO Development Agenda

REPORT ON THE ROLE OF INTELLECTUAL PROPERTY RIGHTS IN THE IMPLEMENTATION OF ACCESS AND BENEFIT-SHARING ARRANGEMENTS Note by the Executive Secretary

NZFSA Policy on Food Safety Equivalence:

UNCLOS and Recent Developments at the General Assembly

Standing Committee on the Law of Patents

Anita Pissolito Campos Nascimento & Mourão Advogados. Anita Pissolito Campos Nascimento e Mourão Advogados

Standing Committee on the Law of Patents Twenty-Sixth Session

TREATY GOVERNANCE, INTELLECTUAL PROPERTY AND BIODIVERSITY

WIPO s work on disclosure and protection of TK & GR Introduction in the Draft Provisions on TK and Revised List of Options on GR

AGREEMENT on UnifiedPrinciples and Rules of Technical Regulation in the Republic of Belarus, Republic of Kazakhstan and the Russian Federation

Transcription:

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) 2. Main instruments and features 1. Convention on Biological Diversity 2. Nagoya Protocol 3. European Regulation 511/2014 3. Opportunities and Challenges (for microbiology research institutions)

1. About ABS ABS: Access to genetic resources (GR) and the fair and equitable sharing of Benefits arising from their utilization ; Also covers access to Traditional Knowledge (TK) held by Indigenous and Local Communities (ILCs) associated with GR and its benefit-sharing Historically free access to GR (common heritage) (research conducted by public institutions)

1. About ABS Since the decade 1970s Raw material for the elaboration of products of high added value of the new economies: Biotechnology, pharmaceutical, agroindustrial, phytosanitary, cosmetic Common characteristic of the biotech sector: Added value never paid back the access Bigger gap between modified GR (Intellectual Property Rights) and raw GR (common heritage- in favour of science and knowledge)

2.1 Convention on Biological Diversity Three objectives (art. 1): 1. Conservation of biological diversity; 2. Sustainable use of its components; and 3. The fair and equitable sharing of the benefits arising out of the utilization of GR Limited scope: biodiversity under national jurisdiction; exclusion of human GR (Decision II/11) Changes the paradigm- sovereignty of States over GR

2.1 Convention on Biological Diversity ABS (art. 15): Delicate balance: sovereign rights of States over their GR, access is subject to national legislation (art. 15.1) vs. facilitate access to GR by other Parties (art. 15.2) Basic access instruments: Prior Informed Consent (PIC) and Mutually Agreed Terms (MAT) (arts. 15.4-5) Develop and carry out scientific research based on GR provided by other Parties with the full participation of, and where possible in, such Parties (art. 15.6) Each Party shall take measures with the aim of sharing in a fair and equitable way the results of research and development and the benefits arising from the utilization of GR (art. 15.7)

2.1 Convention on Biological Diversity CBD- Other relevant articles: Art. 16.3 and 4 access and transfer of technology that uses GR Art. 16.5 consistency of the patent system with the CBD system and support of the objectives of the Convention Art. 19.1 participation in biotech research that uses GR Art. 19.2 access to the results and benefits of biotechnology + Art. 8j) Traditional knowledge (TK) of indigenous and local communities (ILCs)

2.1 Convention on Biological Diversity Bonn Guidelines (2002): Reference for the establishment of: PIC system (Basic principles, elements, competent authorities, procedures, ) MAT Suggestion of possible economic and non economic benefits (annex) Voluntary

2.2 Nagoya Protocol Adopted at COP-10 (Nagoya, Oct 2010) not yet into force) Definition of utilization of GR Same scope as CBD Specialized agreements prevail: International Treaty on Plant GR for Food and Agriculture (FAO) (2001) Pandemic Influenza Preparedness (PIP) Framework WHO (2011)

2.2 Nagoya Protocol Main Novelties(ACCESS): More transparent, clear and certain national systems to obtain PIC and MAT + NATIONAL PERMIT(once notified to the ABS-CHinternationally recognized certificate of compliance) Respect the rights of ILCs over their GR Simplified access for non commercial research and emergency situations ACCESS to TK of ILCs: New international obligation: PIC and MAT from ILCs over their TK Respect ILCs customary laws and community protocols

2.2 Nagoya Protocol NATIONAL ACCESS PERMIT Notification to the ABS- CH Internationally recognized certificate of compliance

2.2 Nagoya Protocol Nagoya Protocol and research: Facilitated access for non commercial research (art. 8a): Each Party shall create conditions to promote and encourage research which contributes to the conservation and sustainable use of biological diversity, particularly in developing countries, including through simplified measures on access for non-commercial research purposes, taking into account the need to address a change of intent for such research;

2.2 Nagoya Protocol Main Novelties (COMPLIANCE): Monitoring the utilization of GR (art. 17): Designate one or more CHECKPOINTS Require users to PROVIDE INFORMATION Internationally recognized certificates of compliance PIC, the source of GR, MAT and/or utilization of GR TRANSMIT previous information to Relevant National Authorities Party providing PIC ABS-CH

2.2 Nagoya Protocol Main Novelties (COMPLIANCE): New obligations of Parties in regard to COMPLIANCE: Provide that GR and TK utilized in their jurisdictions have been accessed in compliance with the ABS legal framework of the provider country Measures to address situations of non compliance Cooperation between Parties in cases of alleged violation of ABS national frameworks

2.2 Nagoya Protocol What is the NP going to bring at the international level? FLEXIBILITY to adapt at the national level to the local circumstances LEGAL CERTAINTY through the implementation of: More transparent ABS national systems Certificate of compliance Compliance measures in user countries CONTROL OVER GR (through the monitoring that user and provider countries will have to exercise) VISIBILITY TO ILCS, in particular on TK issues

2.3 EU REGULATION 511/2014 EU deposited its accession instrument to the NP on 16th May 2014 (Hungary, Denmark and Spain have already ratified it) Published 20/05/2014- will enter into force on the same date as the NP [+ one year of deferred or transition period for the main obligations (arts. 4, 7, 9)] Scope: Compliance measures [Access measures are excludedexclusive competence of Member States] GR over which States exercise sovereign rights and to traditional knowledge associated with GR that are accessed after the entry into force of the Nagoya Protocol for the Union

2.3 EU REGULATION 511/2014 GR and TK associated with GR shall only be transferred and utilised in accordance with mutually agreed terms if they are required by applicable legislation or regulatory requirements Main obligations of European users of GR- DUE DILIGENCE (art. 4): seek, keep and transfer to subsequent users the internationally-recognised certificate of compliance and/or PIC and MAT When the information in their possession is insufficient or uncertainties about the legality of access and utilisation persist, users shall obtain an access permit or discontinue utilisation

2.3 EU REGULATION 511/2014 Automatic compliance with due diligence: PGRFA acquired from a Party to the ITPGRFA subject to the SMTA (art. 4.4) GR acquired from a COLLECTION included in the register of collections within the Union (art. 4.7) (Collections, art. 5) Special conditions for pathogens (art. 4.8)

2.3 EU REGULATION 511/2014 Registered collections in the Union (art. 5): Register- European Commission Proposals- Member States A collection shall demonstrate its capacity to: (a) apply standardised procedures for exchanging samples of GR and related information with other collections, and for supplying samples of GR to third persons in line with the CBD and the NP; (b) supply GR and related information to third persons for their utilisation only with documentation providing evidence that were accessed in accordance with applicable ABS legislation; (c) keep records of all samples of GR and related information supplied; (d) establish or use unique identifiers, where possible, for samples of GR supplied; (e) use appropriate tracking and monitoring tools for exchanging samples of GR and related information with other collections.

2.3 EU REGULATION 511/2014 Monitoring user compliance (research funding, final development of a product (!?): user self-declaration to the national competent authority (decouple from the substantive authority) Authorities (Member States): Plan checks (reduced if BEST PRACTICES) and sanctions Some issues will have to be further developed by the European Commission and the Member States (unequal implementation and divergent sanctions in different Member States)

3. Opportunities and Challenges Ensure that your institution/collection does not have illegal material Lack of clear rules (both access and compliance) in different countries Try to be involved in the development of clear rules and standards for research institutions Research in countries with clear and good records Help those countries to have clear access rules and procedures (promote in your projects the integration of legal and technical capacity)

4. Practical steps ABS policy (CC) The basic principle GET MATERIAL/ INFORMATION LEGALLY CERTIFICATE OF COMPLIANCE (OR PIC & MAT) INSTITUTION USE IN LINE WITH TERMS OF ACQUISITION SUPPLY IN LINE WITH TERMS OF ACQUISITION Share benefits D O C U M E N T E D

CULTURE COLLECTIONS INTEGRATE ABS IN YOUR ACTIVITIES 1. RESPECT NATIONAL ACCESS LEGISLATIONS 2. DOCUMENT YOUR STEPS (CERTIFICATE OF COMPLIANCE, PIC & MAT, SOURCE,..) 3. SHARE BENEFITS 4. RESPECT THE TERMS OF YOUR AGREEMENTS 5. TRANSMIT TO THIRD PARTIES THOSE OBLIGATIONS + REGISTER AS UNION COLLECTIONS

Thank you for your kind attention Alejandro Lago Candeira Director UNESCO Chair in Environmental Studies Rey Juan Carlos University (Madrid, Spain) unesco@urjc.es