SC-NAT: Access and Benefit Sharing
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  • The implementation of the Access and Benefit Sharing system (ABS) is still in a state of flux both at national and international level. Thus, the relevant authorities may not be clearly designated in all cases or the established procedures transparent and smooth. If you can choose where to carry out your research, examine the relevant experience of other researchers and institutes.
  • The ABS procedure is regulated by the national law of the providing countries (not necessarily in specific ABS legislation). This includes the definition of the competent government agency and of the other stakeholders to be involved (15.1 CBD; 28-32 BGL).
  • If relevant national legislation does not yet exist, access permits may be issued on a case by case basis, based on general principles of law and/or similar proceedings and rules.
  • The ABS procedure may be combined with other licenses, permits (research, collection, export, CITES permits etc). However, this will probably not yet apply in most cases and countries.
  • Standardized Material Transfer Agreements (MAT) and benefit sharing agreements for similar resources and similar uses may already exist (taxonomy, collection, research, commercialization; BGL 42 b, e).
  • To enhance the certainty of your legal position as a user of genetic resources, it is recommended that you:
    • document all negotiations;
    • maintain all relevant data, in particular documentary evidence concerning the PIC and the origin and the use of the genetic resources in question.
  • The Bonn Guidelines (BGL) recommend public participation at local level with regard to all government decisions concerning issues involving resources and permits that affect the public (BGL 18). This may lead to:
    • the need for different stakeholders on different levels to grant their PIC;
    • the ABS procedure becoming more complex and time consuming.

External Links

CBD Convention text
www.cbd.int/convention/convention.shtml

Bonn Guidelines text
www.cbd.int/decisions/default.aspx?m=cop-06&d=24

Bonn Guidelines as PDF
www.cbd.int/doc/publications/cbd-bonn-gdls-en.pdf