Transformations in International Law on Access to Genetic Resources and Benefit-Sharing and Domestic Implementation. Introduction, Synthesis, Observations, Recommendations and Conclusions

Abstract

The chapter describes the new rules on access to genetic resources and associated traditional knowledge (aTK). The Nagoya Protocol, an instrument of the Convention on Biological Diversity (CBD), created globally binding rules in order to operationalize its third objective, i.e. the fair and equitable sharing of the benefits arising from the utilization of genetic resources (GR) and aTK. The chapter starts by describing the new transformations that have changed the landscape for research and development (R&D) based on genetic resources and aTK. Further, it identifies implementation issues that were unresolved in the negotiations leading to the adoption of the Protocol and those that have emerged during the implementation phase, and shows which challenges they present for the implementation process. An example of such issues is the current disagreement between the providers of GR and their users as to whether Digital Sequence Information falls under the definition of ‘genetic resources’ and consequently the scope of the access and benefit-sharing (ABS) legislation. Besides, it summarizes each chapter. For chapters with case study examination the focus is laid on how the laws are coping with the ABS obligations of the Protocol, how the salient (unresolved and emerging) issues identified are addressed and whether conformity with the Nagoya Protocol is paid attention to. For general themes, challenges, opportunities and lessons from practical experiences are identified and solutions for enriching the implementation process proposed. Finally, the chapter produces some synthesis, observations and recommendations and reaches some conclusions.