Commercial Use of Biodiversity - Access to Genetic Resources and Benefit-Sharing


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At the same time, overly restrictive procedures might create research constraints. Although the Principle of Universality is not restricted to publicly funded research, this note concerns, primarily, research with non-commercial purposes. CFRS recognises, however, that the connection between private sector and academic non-commercial research is blurred. CFRS therefore proposes further discussion, including measures for ensuring equitable sharing of the benefits of commercial development of such research with providing countries.

Biodiversity research generates knowledge needed to attain the first two CBD objectives, namely, the conservation and sustainable use of biological diversity. Academic non-commercial research depends on access to biological and other genetic resources in-situ and ex-situ and their exchange within the research community. Such research, however, is also subject to the Access and Benefit Sharing ABS system, established to achieve the third CBD objective, that is, the fair and equitable sharing of benefits arising from the use of genetic resources, with the parties providing these resources.

Because access to genetic resources is needed, in large part, for academic, non-commercial research, the scientific community is an important player. The ABS system is based on the sovereignty of states over their genetic resources, with implementation at the national level. The CBD provides a procedural framework, consisting of the consent of the provider prior to access, based on user information Prior Informed Consent, PIC and contractual definition of details such as monitoring, reporting and modalities for sharing benefits by provider and user Mutually Agreed Terms, MAT.

As a further element, providers are required to create conditions to facilitate access to genetic resources, which is balanced by the obligation of user countries to monitor the sharing of benefits arising from the use of genetic resources. Nevertheless, the implementation of the system triggered concerns of both providers and users.

For the countries providing genetic resources, it is difficult to control their use, including for commercial purposes, once they have left the country, and a number of countries therefore imposed restrictive ABS procedures. This reaction, in turn, raised concerns among the scientific community that academic non-commercial research would become increasingly difficult, if not impossible, to undertake. It spells out in more detail the rights and obligations regarding the ABS system.

Implementation of the Protocol is planned for Scientists are important players in the implementation processes underway at the international and the national levels, because a major part of ABS access applications concerns academic non-commercial research. To realise its rights and responsibilities, the scientific community must participate in shaping future biodiversity research conditions.

Skip to main content. Advertisement Hide. Regulating access to genetic resources under the Convention on Biological Diversity: an analysis of selected case studies. This is a preview of subscription content, log in to check access. Asebey E. Andes Pharmaceuticals Inc. In: Feinsilver J. Google Scholar. Balick J. Scientific American Library, New York.

Bryant D. Convention on Biological Diversity List of Parties to the Convention on Biological Diversity. Commercial Research Agreement. Department of Agriculture, Manila, Philippines. EPS Workshop Access to genetic resources: an evaluation of the development and implementation of recent regulation and access agreements.

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Colombia, measures to control access and promote benefit sharing: a selection of case studies. In: Vallejo N.

WWF, Gland, Switzerland, pp. INBio was established by the Ministry of Environment and Energy as a private non-profit organization to help conserve, study and use the country's biological diversity. As laid out in a cooperation agreement between the Ministry and INBio, INBio will provide roughly 10 percent of the total annual budget of any project to the country's Conservation Areas, and 50 percent of any financial benefits from commercial product development resulting from collections in protected areas. In another example, the enzyme DNA polymerase Taq polymerase was obtained from a thermophile named Thermus aquaticus collected under a no-obligation scientific research permit in , in thermal pools in Yellowstone National Park in the United States.

This experience led the United States National Park Service to examine options for controlling access to resources and requiring benefit-sharing, and resulted in the Cooperative Research and Development Agreement between Diversa Corporation and Yellowstone. Under this agreement, Diversa will provide the park with up-front financial payments, equipment, training and royalties should a commercial product be developed using park resources ten Kate, Touche and Collis, ; Chester, However, watchdog groups were concerned that the public was not consulted, the details of the agreement remained confidential and the potential environmental impacts of collections were not known Smith, As with national legislation, working out the details of new access and benefit-sharing partnerships between companies and conservation institutions will require transparent public consultations and flexible, innovative approaches.

The CBD and national access and benefit-sharing measures regulate both academic and commercial research. Indeed, distinctions between the two are increasingly blurred. Academic researchers often undertake contracts for companies, and academic data flow to the private sector through publications and databases.

As a result, it is important for both academic and commercial researchers to ensure that the manner and terms under which all research takes place are equitable for local groups. There remains a need to instill in the academic community - which sets the standards for most research - an appreciation of the new ethical and legal envelope within which research takes place, and of new demands that biodiversity research should contribute concretely to wider social and conservation objectives while furthering scientific understanding Alexiades and Laird, ; Orr, ; Greaves, ; Farnsworth and Rosovsky, In addition to international and national- level policy and law, access and benefit-sharing policies are being developed for research institutions, and professional research groups are developing codes of ethics and research guidelines that incorporate the objectives of the CBD.

Examples of institutional policies include the University of South Pacific Guidelines for biodiversity research and bioprospecting , the Limbe Botanic Garden in Cameroon's Policy on access and benefit-sharing , and the Common policy guidelines to assist in the preparation of institutional policies based on the "Principles on Access to Genetic Resources and Benefit-Sharing for Participating Institutions" developed by a consortium of botanic gardens and research institutions.

Codes of ethics, research guidelines and other documents that address issues related to access and benefit-sharing and respect for traditional resource rights include those of the International Society of Ethnobiology, the Society of Economic Botany, the American Society of Pharmacognosy, the American Anthropological Association and the Asian Symposium on Medicinal Plants.

The Convention on Biological Diversity has provided an invaluable forum for the exchange of ideas and promotion of agendas that have received limited governmental attention elsewhere. In the area of access and benefit-sharing these include traditional resource rights, concepts of equity in the trade and exchange of genetic resources, prior informed consent from local communities and broader issues raised by relationships among companies, researchers and local groups.

Many of these concerns are manifested at the unique intersection of environmental, trade and ethical issues in the CBD. However, access and benefit-sharing is in some ways a new package of policy issues, and will require many years of local, national and international innovation, dialogue and trial and error to implement effectively in practice.

Alexiades, M.

Laying the foundations: equitable biodiversity research relationships. Laird, ed. Biodiversity and traditional knowledge: equitable partnerships in practice.

London, Earthscan. Barber, C. Developing and implementing national measures for genetic resources access regulation and benefit-sharing. Chester, C. Controversy over Yellowstone's biological resources: people, property, and bioprospecting. Environment , October. Downes, D.

Convention on Biological Diversity

The Convention on Biological Diversity: seeds of green trade? Tulane Environmental Law Journal , 8 1 : Drahos, P. Biotechnology patents, markets and morality. European Intellectual Property Review , 21 9 : Dutfield, G. Intellectual property rights, trade and biodiversity. Ekpere, J. Biotechnology research and development in Africa. Farnsworth, E. The ethics of ecological field experimentation. Conservation Biology , 7: Farnsworth, N.

What is access and benefit sharing?

Medicinal plants in therapy. Bulletin of the World Health Organization , Glowka, L. A guide to designing legal frameworks to determine access to genetic resources. Bonn, Germany, Environmental Law Centre. Gollin, M. An intellectual property rights framework for biodiversity prospecting. Reid, S. Laird, C. Meyer, R. Games, A.

GLOBAL CONVENTIONS RELATED TO FORESTS - Unasylva

Sittenfeld, D. Janzen, M. Juma, eds. Biodiversity prospecting: using genetic resources for sustainable development , p. Legal and practical consequences of biopiracy. Diversity , 15 2. Greaves, T.

Commercial Use of Biodiversity - Access to Genetic Resources and Benefit-Sharing Commercial Use of Biodiversity - Access to Genetic Resources and Benefit-Sharing
Commercial Use of Biodiversity - Access to Genetic Resources and Benefit-Sharing Commercial Use of Biodiversity - Access to Genetic Resources and Benefit-Sharing
Commercial Use of Biodiversity - Access to Genetic Resources and Benefit-Sharing Commercial Use of Biodiversity - Access to Genetic Resources and Benefit-Sharing
Commercial Use of Biodiversity - Access to Genetic Resources and Benefit-Sharing Commercial Use of Biodiversity - Access to Genetic Resources and Benefit-Sharing
Commercial Use of Biodiversity - Access to Genetic Resources and Benefit-Sharing Commercial Use of Biodiversity - Access to Genetic Resources and Benefit-Sharing

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