Publisher : Secretariat of the Convention on Biological Diversity
Place of publication :
Publication year : 2008
Thematic : Access and Benefit Sharing
Language : English
Note
At the World Summit on Sustainable Development, in Johannesburg, in 2 002, Heads of State called for action to negotiate, within the framework of the Convention on Biological Diversity, an international regime to promote and safeguard the fair and equitable sharing of benefits arising out of the utilization of genetic resources. In response to this call for action, the Conference of the Parties to the Convention on Biological Diversity, in 2004, mandated a subsidiary body—the Ad Hoc Open ended Working Group on Access and Benefit-sharing— to negotiate an international regime on access to genetic resources and benefit-sharing and to complete its work as early as possible and no later than 2010. In order to further a better understanding of access and benefit-sharing in practice, the Conference of the Parties requested the Executive Secretary to gather information and to carry out further analysis on a number of issues, including “access and benefit-sharing arrangements in specific sectors†and “existing practices and trends with regard to commercial and other utilization of genetic resources and the generation of benefits†(decision VII/19D). Genetic resources are used by different types of users (e.g. academics, scientists, private companies), in different sectors (e.g. pharmaceutics, biotechnologies, seed and crop), for different purposes (e.g. basic research, commercialization). In addition, with the development of new technologies, the transformation and use of genetic resources in recent years has rapidly evolved. Although the issue of access to genetic resources and benefit-sharing has attracted increasing attention in recent years, only piecemeal information is available with respect to its application and the challenges faced in implementing access and benefit-sharing arrangements. In order to respond to the above requests by the Conference of the Parties, the Secretariat commissioned two recognized access and benefit-sharing experts, Sarah A. Laird and Rachel Wynberg. Director of People and Plants International, Ms. Laird has researched and written extensively on access and benefit-sharing issues, including the coauthoring of a well-known publication entitled “The Commercial Use of Biodiversity: Access to Genetic Resources and Benefit-sharing†published in late 1 999. Dr Rachel Wynberg is an environmental policy analyst and academic based at the University of Cape Town, South Africa. She has also published extensively on the issue of ABS and has a large experience at the national and regional level, in South and southern Africa, related to the development of ABS legislation and dealing with access and benefit sharing cases in practice. A first study examining the commercial use of biodiversity, in particular the demand for genetic resources and market trends, was commissioned by the Secretariat and made available as an information document at the fourth meeting of the Working Group on Access and Benefit-sharing in December 2 005. This study is available in Volume III of this publication. A second study was commissioned, and made available at the sixth meeting of the Working Group on ABS, to examine access and benefit-sharing arrangements in different sectors based on recent literature, the analysis of ABS contracts and agreements, interviews with representatives from industry, government, NGOs, international agencies, and research institutions. This study is contained in Volume I of this publication. In addition seven case studies were selected for detailed analysis and are included in Volume II. Taking into account the information provided in Volumes II and III, Volume I provides an overview of key sectors, including market and research trends, and the demand for access. It also provides key findings across sectors relating to prior informed consent and negotiations, agreements, compliance and tracking, benefit sharing, intellectual property rights, and partnerships and arrangements. I wish to thank the authors for undertaking this work and presenting their findings clearly and succinctly. I am also grateful to the United Nations Environment Programme, which provided part of the financial support needed for this initiative. As the negotiations of the International Regime on access and benefit sharing are entering a crucial phase under the able leadership of Mr. Fernando Casas from Colombia and Mr. Tim Hodges from Canada, the co-chairs of the Working Group, I sincerely hope that this publication can contribute to shedding some light on current ABS practices and usefully inform the negotiation process.
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Keywords : Acrocephalus aedon
Encoded by : Mae Belen Llanza