Studying Existing ABS Agreements in Selected CARICOM Member States
The purpose of this report is to explore permits for the use of biological material or for research from a selection of Caribbean countries. The main question concerns the extent to which such permits serve the aims of the Access and Benefit Sharing (ABS) mechanism under the CBD and the Nagoya Protocol. Several factors are at play in this regard.
ABS Key Points for Policy Makers on Six Industrial Sectors
This series of briefs on six different industrial sectors (agriculture, industrial biotechnology, botanicals, cosmetics, food & beverages, pharmaceuticals) provides governments, companies, researchers, communities and other ABS stakeholders with background Information to assist with the development of ABS measures to implement the Nagoya Protocol. The briefs are organised around key points on trends and practices in markets, research and development - indirectly and directly related to ABS. With many graphics illustrating important facts, figures and contexts the briefs are easy to understand.
By Kabir Sanjay Bavikatte and Morten Walløe Tvedt, in: Law Environment and Development Journal, Vol 11, No.1, 2015, pp 1-24
This article discusses the India implementation of access and benefit sharing regulations. The Indian act has gained experience because of its years in force, and this article assesses the experiences. Towards the end, the article draws conclusions and provides proposals for the future. Bioprospecting works with high levels of unpredictability. (...) ABS as an innovative financing mechanism for biodiversity conservation can only work if real benefits from bioprospecting can be generated and local rights to biodiversity are respected.
By Ilse Koehler-Rollefson (League for Pastoral and Endogonous Livestock Development - LPP) and Hartmut Meyer (ABS Capacity Development Initiative), 12/2014
Animal genetic resources are an important subset of biological diversity, composed of the breeds and strains of domesticated animals that humankind has developed out of some 40 wild species over the last 10,000 years. They form the foundation of an industry valued at USD 1.4 trillion and are essential to the livelihoods of 1.3 billion people, including 600 million poor. Animal genetic resources fall under the purview of the Convention on Biological Diversity as well as the Nagoya Protocol.
By Tone Winge, in: Plant Genetic Resources, Vol 14, Issue 1, 03/2016, pp 11-27 (published online December 2014)
This article links the concept of Access and Benefit Sharing as it pertains to crop genetic resources to climate change adaptation and argues that systems for access and benefit sharing can, and should, be designed to contribute to climate change adaptation for agriculture.
By Kristin Rosendal, Steinar Andresen, The Fridtjof Nansen Institute, in: International Environmental Agreements: Politics, Law and Economics, 12/2014, pp 1-1812/2014
This article examines how Access and Benefit Sharing in international transactions with genetic resources can be achieved and how Norway contributes to their realization.
By Morten Walløe Tvedt, The Fridtjof Nansen Institute, in: BIORES, Vol. 8, No. 8, Sept. 2014
This article explores some of the challenges facing the Nagoya Protocol, and looks at some possibilities for its implementation as a tool for funding conservation and sustainable use of biodiversity.
National Studies on ABS Implementation - Brazil, India, South Africa
The ABS Capacity Development Initiative, in collaboration with the Governments of Brazil, India and South Africa, commissioned national studies to review each country’s experiences with Access and Benefit Sharing. Lessons learned from these experiences will inform the global implementation of the Nagoya Protocol. These studies were prepared to provide background information in preparation for the first Dialogue on Practical Ways Forward for the Implementation of the Nagoya Protocol, hosted by the Gov-ernment of South Africa on 30-31 January 2014 in Cape Town, South Africa and the second Dialogue on the same topic, co-organized with the Ministry of Environment and Forests of India, from 4-6 August 2014 in Goa, India.
By Balakrishna Pisupati, The Fridtjof Nansen Institute, FNI Report, 4/2014
The term "protected area" is defined in Art. 2 of the CBD as "a geographically defined area, which is designated and regulated and managed to achieve specific conservation objectives". One of the most successful programmes that is being implemented globally under the CBD is the one on protected Areas (PA). The Programme of Work on Protected Areas (PoWPA) received a lot of attention and support.
By: Christian Prip, G. Kristin Rosendal, Steinar Andresen and Morten Walløe Tvedt, The Fridtjof Nansen Institute, FNI Report 1/2014
Australian ABS legislation is advanced and pioneering in giving national effect to the third objective of the CBD with mandatory permits for all biodiscovery and mandatory benefit sharing agreements for biodiscovery with a commercial intent. Nevertheless, under Commonwealth legislation there is still only one biodiscovery case involving commercial benefit sharing. This is spite of persistent interest in biodiscovery.
Biodiversity in the Patent System
By One World Analytics (Paul Oldham, Colin Barnes, Stephen Hall), 2013
By Jorge Cabrera Medaglia, Morten Walløe Tvedt, Frederic Perron-Welch, Ane Jørem and Freedom-Kai Phillips, FNI Report 1/2013
This study is a contribution from the FNI as part of a research project on Access and Benefit Sharing carried out in co-operation with the ABS Initiative. It clarifies overlaps and possible areas of different rules and identifies the core articles in the NP relevant to the implementation of the ITPGRFA.
By the Union for Ethical BioTrade (UEBT), 2013
Biodiversity represents a unique opportunity, particularly in Africa. The wealth of African biodiversity constitutes a potentially significant source of innovation for companies working with natural ingredients in the food, cosmetics and pharmaceutical sectors. Ethical sourcing of biodiversity provides a strategy to advance sustainable development and improve human well-being, as recognized by the Convention on Biological Diversity (CBD).
By Dr Daniel Robinson, The University of New South Wales, 2012
Four case studies from the Pacific were selected to demonstrate some of the attributes that would be expected of ‘best practice’ biological research (often broadly described as ‘biodiscovery’) access and benefit-sharing agreements, as well as the challenges that stakeholders face in seeking to achieve the fair and equitable sharing of benefits.
By Regine Andersen and Tone Winge, The Fridtjof Nansen Institute, FNI Report 6/2012, Lysaker
This report tells the story of an agreement on access to teff genetic resources in Ethiopia, and the fair and equitable sharing of benefits derived from their use, that was hailed as one of the most advanced of its time. This agreement between the Ethiopian Institute of Biodiversity Conservation and the Dutch company Health and Performance Food International was entered into in 2005. It was seen as a pilot case of the implementation the Convention on Biological Diversity in terms of access and benefit sharing, and expectations were high. And yet, implementation of the agreement failed.
Ghana is a latecomer to ABS legislation although the principle of benefit sharing has long traditions in Ghanaian society, also in the aquaculture sector. Experiences from bioprospecting deals have often been negative, similar to many other cases in Africa. This underscores the need for ABS legislation and institutions also in Ghana. For aquaculture and tilapia, access issues have most relevance in a regional sense and hence it is important to retain open access to tilapia genetic material between the countries of the greater Volta region, probably more important than ensuring benefits from others’ use.
A Gap Analysis Report on the African Model Law on the Protection of the Rights of Local Communities, Farmers and Breeders, and for the Regulation of Access to Biological Resources. Februar 2012.
By Jorge Cabrera, Olivier Rukundo and Frederic Perron-Welch, 02/2010.
The question of access and benefit sharing (ABS) under the Convention on Biological Diversity (the Convention)1 embraces a complex and varied set of issues that are directly relevant to sustainable forest management (SFM). Forests are some of the most important repositories of biodiversity, and genetic resources are often used in support of forest-related activities (i.e. tree breeding, sylviculture, product processing). The use of forest genetic resources and forest resources in general involves a broad range of stakeholders who are either custodians, providers or users of forest resources.
The following guides help stakeholders or other interested parties to find their way through the ABS jungle. These guides are topic-specific or targeted towards particular groups.
The ABS Contract Tool: Version 2.0
A contract is a legally binding instrument between two or more parties. It is the practical legal tool that can make Access and Benefit-sharing (ABS) work in practice, providing legal certainty and sufficient flexibility to cater for each individual situation. This ABS Contract Tool provides example clauses to make ABS work and is made mainly for situations where the user states that its objective is to conduct research without immediate commercial application.
ABS Implementation Options - Policy and Administrative Options for Implementing the Nagoya Protocol on Access and Benefit Sharing (ABS)
The document is the result of a team effort by experts of the ABS Initiative. The potential advantages and disadvantages that are presented for different implementation options reflect the experiences of the ABS Initiative and do not necessarily represent the views of individual countries. The document is not meant to be comprehensive and makes no claim to completeness regarding the listed options, their explanations or the country examples. Rather, it intends to provide an overview of some important options and decisions to be made when developing a strategic approach to implement the Nagoya Protocol on ABS at national level.
Digital Sequence Information on Genetic Resources (DSI) - An Introductory Guide for
African Policymakers and Stakeholders
This Introductory Guide aims to help African policymakers and stakeholders to understand the discussion around DSI and the position of various actors. DSI found its way onto the international agenda of the Convention on Biological Diversity (CBD) and its Nagoya Protocol in 2016. Since then, there has been a great deal of discussion on DSI at the international level, but not much progress has been made towards reaching consensus on how to deal with this issue. The issue of DSI has been plugged into intersessional activities supporting the development of the Post-2020 Framework, making it central to how DSI will be dealt with in the future. Many developing countries have announced that they will only agree a Post-2020 Framework if it provides solutions with regard to DSI and benefit-sharing.
But what are we actually talking about when we refer to DSI? What is DSI and how is it used? What does this have to do with the CBD and the Nagoya Protocol? And why is this topic so controversial?
A Guide to Intellectual Property Issues in Access and Benefit-sharing Agreements
The guide covers the conceptual and practical aspects of dealing with intellectual property (IP) in the context of ABS agreements. Its objective is to support providers and users of genetic resources and associated traditional knowledge when managing IP issues in ABS agreements. It does so by explaining how IP clauses may influence the approach and results of the utilization of genetic resources and associated traditional knowledge, providing an overview of the types of IP related issues when negotiating an agreement, and outlining the options available in managing those issues.
An Online Permit and Monitoring System Supporting National Implementation of the Nagoya Protocol on ABS
This concept paper sets out the concept and model for an online research permit and monitoring system to facilitate national implementation of the access, benefit sharing, monitoring and reporting provisions of the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the United Nations Convention on Biological Diversity.
To establish a clear and transparent mechanism addressing access, promoting research, conservation and reducing overexploitation, the Kenyan Government through NEMA in partnership with the ABS Capacity Development Initiative (hosted by the German Federal Ministry for Economic Cooperation and Development (BMZ) and implemented by the Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ) GmbH) is developing an integrated online permitting and monitoring system for biodiversity access and benefit sharing.
Introduction to Drafting Successful ABS Contracts
This booklet provides an extremely brief summary of the main rules, issues and questions that the parties to an ABS transaction must be aware of when negotiating, drafting and implementing an ABS contract. Clearly, a pamphlet of this size cannot provide an actual guide to these issues – its goal is to introduce the information contained in a researched book that has been developed going more into Details of contracting for ABS, offering practical lessons and guidance to the persons who might have the responsibility for negotiating and drafting ABS contracts.
Concept for National ABS Gap Analysis
This gap analysis checklist is intended for use in the African Partner countries that the ABS Capacity Development Initiative is supporting on the national implementation of the Nagoya Protocol (NP) and the African Union Strategic and Practical Guidelines for the Coordinated Implementation of the Nagoya Protocol in Africa (AU Guidelines). This checklist could also be used in other than African countries. In that case, the reference to the AU Guidelines will be obsolete or can be replaced by other applicable regional guidelines.
Strategic Communication - A Conceptual Guide and Toolkit for Practitioners
This Guide offers advice about the role, relevance and use of communication for implementing Access and Benefit Sharing (ABS) systems at the national level. It provides an overview of communication considerations, approaches and methods for the different phases of ABS implementation.
African Union (AU) Guidelines on ABS
The ABS Initiative supported, also based on the results a gap analysis, the development of the African Union (AU) policy and technical guidelines for the coordinated implementation of the Nagoya Protocol in Africa, endorsed by the 27th Ordinary Session of the Executive Council of the AU. The two documents provide strategic and practical step by step directions and tools to guide African countries in the implementation of the Nagoya Protocol.
By Michael Halewood, Bioversity international, 2015
The overall objective of this report – and the survey, workshop and follow-up analysis upon which it is based - is to provide national policy actors with a tool to increase their ability and confidence to implement the CBD/NP and ITPGRFA/MLS in mutually supportive ways. The report's content is partly based on the Tandem Workshop for National Focal Points from 3-6 June 2014.
By Kabir Bavikatte, Susanne Heitmüller, Valérie Normand, Morten Walløe Tvedt, July 2014
Along real cases and different scenarios this manuel assists those negotiating Access and Benefit Sharing agreements. These cases and scenarios tease out the lessons to be learnt based on the authors' experience. The manual seeks to be holistic offering a hands-on approach to negotiating ABS agreements.
By Kabir Bavikatte, Susanne Heitmüller, Hartmut Meyer, Valérie Normand, Pierre du Plessis, Morten Walløe Tvedt, July 2014
This publication lays out what an effective ABS agreement should look like. What makes it so distinct and which elements should it contain?
The Convention on Biological Diversity and the Nagoya Protocol: Intellectual Property Implications - A Handbook on the Interface between Global Access and Benefit Sharing Rules and Intellectual Property
By UNCTAD, 2014
Clear, fair and equitable rules on ABS are critical to prevent the misappropriation of genetic resources and associated traditional knowledge (TK). This handbook is designed as one means to begin to fill the gap in understanding where the Nagoya Protocol text has chosen to remain silent. It addresses how the global rules on ABS of genetic resources and associated TK should work in tandem with an area that is mentioned minimally in the 2010 Nagoya Protocol, i.e., intellectual property (IP). Specifically, this handbook is designed to show the complexity of relevant IP policies that have an impact on various aspects of the CBD and the Protocol, particularly from the provider country perspective.
By the Union for Ethical BioTrade (UEBT), 2013
This manual was developed to support the work of its trading and affiliate members, accredited verification bodies, and other organizations committed to Ethical BioTrade. The objective is to facilitate the implementation of equitable benefit sharing in Ethical BioTrade. To this end, it explains what the requirements of equitable benefit sharing in the Ethical BioTrade Standard mean in practice.
By Natural Justice, 2012
Indigenous peoples and many local communities have unique protocols,
procedures, rules, and regulations (referred to as ‘protocols’) that regulate
their interactions within and between communities and with the territories and areas upon which they depend. Protocols provide clarity to community members about rights, responsibilities, and appropriate behaviour. Respecting and acting according to community protocols helps ensure social cohesion and reinforces customary laws, values, and decision-making processes
African Union (AU) Guidelines on ABS
The ABS Initiative supported, also based on the results a gap analysis, the development of the African Union (AU) policy and technical guidelines for the coordinated implementation of the Nagoya Protocol in Africa, endorsed by the 27th Ordinary Session of the Executive Council of the AU. The two documents provide strategic and practical step by step directions and tools to guide African countries in the implementation of the Nagoya Protocol. Here are two factsheets on the Guidelines providing an overview.
Policy Paper - How ABS and the Nagoya Protocol contribute to the Sustainable Development Agenda
This paper details the links to ABS in the Sustainable Development Goals (SDGs) and the Nagoya Protocol’s indirect support of the SDGs and their targets. The document underlines the relevance of ABS for achieving the SDGs, on matters as wide ranging as poverty alleviation, food security, climate change, health, economic growth, innovation, oceans and governance. It also explains the many direct and indirect references made to ABS in several SDG targets, which are shown in several tables.
By Dr. Hartmut Meyer, Lena Fey, Wilma Brinkmeyer (ABS Initiative), July 2014
The utilisation of marine genetic resources and associated traditional knowledge has long been sidelined in the discussions on access to genetic resources and fair and equitable benefit sharing (ABS). But over the last three decades, research and development based on marine genetic resources and associated traditional knowledge advanced tremendously.
By Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ) GmbH, 2012
Biocultural Community Protocols (BCPs) are instruments that set out clear terms and conditions to governments and the private, research, and non-profit sectors for engaging with indigenous peoples and local communities (ILPCs) and accessing their local resources and knowledge. They are developed through culturally rooted, participatory decision-making processes within the communities and are based on communities’ customary norms, values, and laws.