4.6 Uganda: Benefit Sharing
Rule 20 of the National Environment (Access to Genetic Resources and Benefits Sharing) Regulations 2005 provides that benefits accruing from the collection, modification and the use of genetic resources shall be shared in accordance with the principle of fairness and equity, and on mutually agreed terms. The principles of fairness, equity and mutually agreed terms are confirmed by a further provision in Rule 20 that the benefits vary on a case by case basis.In the access and benefit sharing process, it is in the material transfer agreement that the benefits to be shared are expected to be enumerated. Thus, according to Rule 15, a material transfer agreement is required to contain among others, provisions requiring the collector to provide for the manner of sharing of benefits arising from intellectual property rights accruing from genetic resources as well as provide for the participation of the citizens of Uganda or institutions located in Uganda, in research, development, management and utilisation of genetic resources accessed at all stages of access. The Fourth Schedule to the Regulations contains a further list of information to be contained in material transfer agreements. This list includes an identification of benefit sharing arrangements, stating the kinds of benefits to be shared and with whom; provisions on technology transfer; whether fees and royalties are payable; and, conservation measures.Finally, the procedure of administration of the benefits does not expressly include a benefit sharing fund. Management and administration of benefits to be shared is also not amongst the duties the Regulations bestow upon the NCST, NEMA or the lead agencies. However, 6(j) and (k) assign explicit responsibility to NCST for oversight regarding benefit sharing.
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