SC-NAT: Access and Benefit Sharing
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Examples of research with suggestions for ABS rules implementation

This chapter presents case studies involving various types of research and access situations. The cases are divided into four categories based on their complexity in terms of the Access and Benefit Sharing (ABS) system. Suggestions are given on how the contractual requirements can best be resolved in the interests of all involved parties .

The four categories are:
  1. No ABS situation: the research does not involve any access situation or genetic resources. Thus no ABS contract is necessary. However, other research permits may be required (see case 4).
  2. Simple ABS situation: the research involves the collection and transfer (including export) of samples for an inventory. A (standardized) Material Transfer Agreement (MTA) is sufficient (see cases 1 and 2).
  3. ABS situation: the export of samples is required for further analysis and study in a laboratory abroad. No further exploitation is planned. A simple ABS contract is sufficient (see cases 2, 3 and 4).
  4. Complex ABS situation: the proposed research involves various steps, including possible research for commercial purposes, or the use of traditional knowledge. A full access contract is required (see case 5).

Please note that this categorisation of access situations is not included in the CBD or the BGL. The corresponding types of contracts are proposed here for reasons of simplicity; these contracts have not been adopted by the Contracting Parties of the CBD and have thus no official standing. Decisive is the national law of the providing country.

Be aware that each access situation has its own specific characteristics. Therefore, it is essential to carefully check the specific requirements with the relevant authorities of the providing countries. Your institution's technology transfer units or legal departments may offer assistance in the drafting of contracts.