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Year Region Title Summary
2002 Global Bonn Guidelines on Access to Genetic Resources and Fair and Equitable Sharing of the Benefits Arising out of their Utilization Developed under the Convention on Biological Diversity, the Bonn Guidelines are designed to assist Parties to the Convention, Governments and other stakeholders in developing an overall access and benefit-sharing strategy, and in identifying the steps involved in the process of obtaining access to genetic resources and benefit-sharing. More specifically, these voluntary guidelines are meant to assist Parties, Governments and other stakeholders when establishing legislative, administrative or policy measures on access and benefit-sharing and/or when negotiating contractual arrangements for access and benefit-sharing.
2000 African Union African Model Legislation for the Protection of the Rights of Local Communities, Farmers and Breeders, and for the Regulation of Access to Biological Resources The main aim of this model legislation is to ensure the conservation, evaluation and sustainable use of biological resources, including agricultural genetic resources, and knowledge and technologies in order to maintain and improve their diversity as a means of sustaining all life support systems. Particularly relevant provisions include Part 1. Objectives, and Part 3. Access to Biological Resources. This model law has been endorsed and recommended by all AU Heads of State.
2007 Argentina Summary of ABS system (excerpt from the CBD Third National Report) Standards for protecting traditional knowledge are being developed.
2002 Argentina Proyecto de Ley sobre Acceso a los Recursos GenŽticos de Diversidad Biol—gica (draft) This draft law regulates the access to genetic resources of biological diversity in the national territory.
2000 Association of Southeast Asian Nations (ASEAN) The ASEAN framework agreement on access to biological and genetic resources The Framework Agreement has the following objectives:To ensure the conservation and sustainable use of biological and genetic resources and equitable sharing of benefits arising from access to those resources, consistent with the principle of prior informed consent; To accord recognition and protection to traditional knowledge of indigenous peoples and local communities, and to facilitate fair and equitable sharing of benefits with the said communities where traditional knowledge is utilized; To ensure that the peoples of ASEAN derive maximum and fairly shared benefits from the development and uses of biological and genetic resources within their territories;To promote cooperation among ASEAN Member States in the utilization of, and providing access to biological and genetic resources and encourage the sharing of resources;To ensure that access regulations within the ASEAN region are uniform and consistent in accordance with identified minimum requirements as set out in this Framework Agreement;To set minimum standards in regulating access to biological and genetic resources and strengthen national initiatives towards this objective; andTo promote technology transfer and capacity building at the regional, national and community levels.To establish effective and participatory measures for the grant of prior informed consent up to the local level taking into account national perspectives and priorities.
2006 Australia Biological Resources Act 2006 [Northern Territory] The object of this Act is to facilitate bioprospecting in the Territory. The object is to be achieved by the following: (a) promoting the conservation of biological resources in the Territory and the ecologically sustainable use of those biological resources; (b) establishing an access regime designed to give certainty and minimise administrative cost for persons seeking to engage in bioprospecting in the Territory; (c) establishing a contractual framework for benefit-sharing agreements to be entered into between bioprospectors and resource access providers for the use of Territory biological resources to ensure the equitable sharing of benefits arising from the use of those biological resources for biodiscovery; (d) recognising the special knowledge held by indigenous persons about those biological resources; (e) seeking to ensure that social, economic and environmental benefits arising from the use of Territory biological resources for biodiscovery accrue to the Territory; (f) contributing to a nationally consistent approach to bioprospecting in Australia.
2005 Australia Summary of ABS system (excerpt from the CBD Third National Report) Australia is currently taking an active role in the ongoing discussion of ABS issues in international fora such as WIPO and the WTO. The Australian Government is developing its position on the issue in the light of those discussions and wishes particularly, to examine the experiences of those few countries that have introduced such measures before deciding whether and in what manner, Intellectural Property (IP) rights should play a role in access and benefit sharing arrangements. As defined by the terms of the NCA, Australia is committed to ensuring that all legislation and administrative action for the management of genetic resources incorporates terms of access to resources that encourage local, national and international investment in Australia's biotechnology R&D capabilities, including, biodiscovery research, bioprocessing and product development. All applicants for access to resources are judged against transparent criteria according to law. The collection of genetic resources should enhance biodiversity conservation and the valuing of biodiversity by ensuring that, as appropriate, some of the benefits derived from all access to and use of the genetic and biochemical resources are, where possible, used for biodiversity conservation, in the area from which the resources were taken. The heart of benefit sharing lies in negotiated agreements based on mutually agreed terms between the resource provider and the resource user. These are commercial contracts and the disposition of intellectual property created from access to the resource is undertaken in accordance with normal commercial practice.
2005 Australia Environment Protection and Biodiversity Conservation Amendment Regulations 2005 (No. 2) Amends the Environment Protection and Biodiversity Conservation Regulations 2000 to add bilaterally accredited management plans.
2004 Australia Biodiscovery Act 2004 [Queensland] This Act concerns the taking and use of Queensland biological resources for biodiscovery and related purposes. The Act aims at implementing the International Convention on Biological Diversity for what concerns native biological resources. Under the Act, "biodiscovery" means biodiscovery research and the commercialization of native biological material or product of biodiscovery research. The Act is divided into the following Parts: Preliminary; Operation of Act; Collection authorities; Other matters about collection authorities; Benefit sharing agreements; Compliance code and collection protocols; Offences; Monitoring and enforcement; Review of decisions; Appeals; Legal proceedings; Miscellaneous; Transitional provisions; and Amendment of Other Acts.
2000 Australia Part 8A of the Environment Protection and Biodiversity Conservation Regulations 2000 The purpose of this Part of the Act is to provide for the control of access to biological resources in Commonwealth areas to which this Part applies by: (a) promoting the conservation of biological resources in those Commonwealth areas, including the ecologically sustainable use of those biological resources; and (b) ensuring the equitable sharing of the benefits arising from the use of biological resources in those Commonwealth areas; and (c) recognising the special knowledge held by indigenous persons about biological resources; and (d) establishing an access regime designed to provide certainty, and minimise administrative cost, for people seeking access to biological resources; and (e) seeking to ensure that the social, economic and environmental benefits arising from the use of biological resources in those Commonwealth areas accrue to Australia; and (f) contributing to a nationally consistent approach to access to Australia's biological resources.
2001 Austria Summary of ABS system (excerpt from the CBD Thematic Report on Access and Benefit Sharing) Access to natural genetic resources is free in Austria, as long as those animal and plant species are not protected through nature protection laws (e.g. endangered species, national parks), hunting laws, and, of course, private property rights, like privately owned gardens. If somebody gets financial support from the State for scientific research, e.g. a certain project, and makes profit with the results of this research, she or he has to pay back the subsidy only.
2006 Belarus Summary of ABS system (excerpt from the CBD Third National Report) Regulation of intellectual property rights for access to genetic resources are referenced in the laws "about the patents for the types of plants" dated April 13, 1995 and "about the seeds" dated February 14, 1997.
2005 Belgium Summary of ABS system (excerpt from the CBD Third National Report) Belgium has amended its patent laws of 18.03.1984 in function of the implementation of the Directive 98/44/EC of the European Parliament and of the Council of 06.07.1998 on the legal protection of biotechnological inventions. The current Belgian patent law goes beyond the conditions to comply with Directive 98/44/EC, and brings the legislation on patents in accordance with international developments. Since practical modalities on disclosure of origin are still being discussed at international level, the law provides a leeway for further developments. The new requirement "that patent applications must contain the geographic source of the plant or animal material, if known, that formed the basis for the development of the invention" is a formal requirement that aims to contribute to transparency with regard to the geographic origin of the genetic source on which the invention is directly based. The Belgian Coordinated Collections of Micro-organisms (BCCM) use a MTA following the Bonn guidelines and operate in such a way that tracking the biological material is possible. The National Botanic Garden of Belgium is member of IPEN, a network of Botanic Gardens that organises the exchange of living plant specimens. The NBGB and BCCM are discussing the compatibility of their respective approaches.
2005 Brazil Summary of ABS system (excerpt from the CBD Third National Report) This subject is ruled by Provisional Measure no 2186-16/01, which establishes: "Article 31 - the concession of right to intellectual property provided by the appropriate agencies concerning a process or product obtained through a sample of a genetic heritage component depends on compliance with this Provisional Measure, according to which the claimant must inform the origin of the genetic material and of the associated traditional knowledge, when appropriate". Based on a proposal elaborated by the Genetic Heritage Management Council, the Brazilian government is promoting a revision of the legislation on access and benefit-sharing, preparing the substitution of the current Provisional Measure no 2186-16/01. The government is concluding the proposal to be presented to the National Congress, which is being elaborated with the participation of several governmental and civic sectors.
2001 Brazil Provisional Measure No. 2.186-16 (Provisional measure on access to genetic resources and traditional knowledge) Article 1. This Provisional Act provides for assets, rights and obligations concerning: I - Access to components of genetic heritage existing within the Brazilian territory, on the continental shelf and in the exclusive economic zone for purposes of scientific research, technological development or bioprospecting; II - Access to traditional knowledge associated to genetic heritage, related to the conservation of biological diversity, to the integrity of the country's genetic heritage and to the use of its components; III - The fair and equitable sharing of the benefits arising from the use of the genetic heritage component and the associated traditional knowledge; and IV - Access to technology and transfer of technology for the conservation and use of biological diversity.
Canada Summary of ABS system (excerpt from the CBD Third National Report) Some institutions (such as the Jardin Botanique de MontrŽal and the University of British Columbia) have voluntarily signed agreements with Parties providing genetic resources that provide for sharing of revenues and research information.
Canada Canadian ABS Portal The Environment Canada Internet Portal on Access and Benefit-Sharing (ABS) is maintained by the ABS Secretariat which also serves as host for Canada's National Focal point on access and benefit-sharing. This website is created with the purpose of presenting the concept of ABS to people who are not necessarily aware of this issue and its implications. It also gives a brief overview of the discussions and the processes that are taking place on this subject at the national and international level.
2004 Chile Ley de Acceso de Recursos Geneticos (draft) This law facilitates access to genetic resourses, establishing compensations and equitable distribution of benefits, recognizing the importance of traditional knowledge and its use.
2001 Estonia Summary of ABS system (excerpt from the CBD Thematic Report on Access and Benefit Sharing) Intellectual knowledge deriving from traditional way of life, related more or less to the issues of biological diversity, does of course exists in Estonia - there is an abundance of landscapes emerging from customary use, there are traditional cattle breeds etc. But again - as we are dealing mainly with an European agricultural community, accepting most of the habits of the Western culture, the customary laws have been ousted by the state laws. In this way the breeding of local cattle breeds is already for a long time period being controlled by scientific institutions, the use of curative mud has become something done at medical institutions, not in fishermen's saunas etc. In this way the benefit-sharing can not be the issue - there are no legally defined minorities (indigenous people), there are no customary laws conducting the lives of living populations. The local customary laws, if remembered, have turned into traditions, the know-how is either "share-ware" or forgotten. The legislation regulating National Heritage Protection (1994) does not see folklore and other kind of know-how as a subject to special protection.From the coastal areas comes the only outstanding attempt of present Estonian authorities to rely in their legislation on some customary habits. From the beginning of the 1990ies all the dwellers of Estonian islands - the biggest of which is 2673 sq km and has 38 000 inhabitants, were permitted to run coastal fishery. The results have proven to be rather catastrophic. Recently the privilege was limited (starting from the beginning of 2001) only to people possessing land-properties at the shoreline.The created environmental surroundings - meadows, alvars etc - are a by-product, not the intention of the traditional dwellers. They are dying out due to economic reasons, not due to some changes in tradition, shift in culture or loss of know-how.The preserving of the biodiversity of Estonia is at the first hand to be organised from the "top" by the state or international organisations, by conducting the local legislation, directing land use, taxation etc, or by direct support for the dwellers ready to continue traditional ways of economies, important for biological diversity. This attitude is fixed also in the Estonian Biodiversity Strategy and Action Plan, touching among others the issues of traditional economies (i.e. pages 83-86 - "Semi-natural areas", "Breeding of farm animals").
2002 European Community Summary of ABS system (excerpt from the CBD Thematic Report on Access and Benefit Sharing) Whereas the EC's existing involvement with ABS relates to the internal market (e.g. aspects of IPRs), bilateral and multilateral negotiations, trade, international development co-operation and support to stakeholder initiatives, the EU Member States retain sovereign control over access to their genetic resources. As parties to the CBD, some have introduced measures to this effect - principally administrative and policy measures, including the designation of ABS focal points. Access to genetic resources in EU Member States is otherwise subject to a range of other laws whose prime objectives relate to property, trespass, statutory protection of species, and site protection. A small number of EC legislative and policy measures directly address the CBD's provisions on ABS and the traditional knowledge, innovations and practices of local and indigenous peoples. With respect to policy, the 1998 European Community Biodiversity Strategy notes the need for the Community to promote appropriate multilateral frameworks for ABS, to encourage the development of voluntary guidelines for ABS and to support countries of origin of genetic resources in developing national strategies on bioprospecting. The 2001 EC Biodiversity Action Plan for Economic and Development Cooperation refers to the need to support capacity-building in developing countries, so as to enable them to share the benefits from utilisation of genetic resources. The parallel EC Biodiversity Action Plan for Agriculture highlights access to enhanced material by the original providers of genetic resources. The EC has yet to introduce comprehensive legislation governing ABS and related traditional knowledge. Directive 98/44/EC (6 July 1998) on the legal protection of biotechnological innovations specifically takes into consideration ABS. Recital 27 to the Directive encourages patent applications to include information on the geographical origin of biological material. This provision seeks to support compliance with national legislation in the source country of biological material and with any contractual arrangements governing the acquisition and use of that material. A number of other EC legislative and policy measures could contribute to the implementation of the CBD's provisions on benefit-sharing. These include regulations and directives on geographical indications and community plant variety rights, as well as on the conservation and characterisation of plant genetic resources for food and agricultural (PGRFA). Measures in support of research and technology transfer may also be relevant.
European Community Directive 98/44/EC of the European Parliament and of the Council on the legal protection of biotechnological inventions This Directive lays down provisions for the legal protection of biotechnological inventions with a view to encouraging investment and research in the field of biotechnology. The Directive is divided into the following five Chapters: (I) Patentability; (II) Scope of protection; (III) Compulsory cross-licensing; (IV) Deposit, access and re-deposit of a biological material; (V) Final provisions. Inventions shall be patentable in so far as they are new, involve an inventive step and are susceptible of industrial application. Biological material may be the subject of an invention, even if it previously occurred in nature, as long as it has been isolated from its natural environment or produced by means of a technical process
2006 India Protection of Plant Varieties and Farmer's Rights Regulations, 2006 These Regulations stipulate duties and jurisdiction of the registrar, give criteria and detailed guidelines for registration of plant varieties and essentially derived varieties, mechanisms of seed deposit, and also provide sample authorization and application forms.
2004 India Biological Diversity Rules, 2004 These Rules prescribe provisions on the National Biodiversity Authority. Section 6 lists the general functions of the Authority. To access biological resources one shall apply for approval from the Authority. Sections 15 to 19 deal with matters related to revocation of approval, restriction on activities related to access to biological resources, transferring results of research, etc.
2003 India Biological Diversity Act This Act implements principles and relevant provisions of the Convention on Biological Diversity. The purpose of this Act is to protect the biodiversity of India, endorsing research projects and recognising intellectual property of arising results. It appoints a National Biodiversity Authority, Central and State Biodiversity Committees, providing them with special funds and a separate budget in order to carry put any research project dealing with the biological natural resources of the country. It shall supervise any use of biological resources and the sustainable use of them, it shall take control over the financial investments and their return and dispose of those capitals as correct.
2003 India Biological Diversity Act This act provides for the conservation of biological diversity, sustainable use of its components and fair and equitable sharing of the benefits arising out of the use of biological resources, knowledge and for matters connected therewith or incidental thereto. It appoints a National Biodiversity Authority, Central and State Biodiversity Committees, providing them with special funds and a separate budget in order to carry put any research project dealing with the biological natural resources of the country.
2001 India Summary of ABS system (excerpt from the CBD Thematic Report on Access and Benefit Sharing) In India, a National Innovation Foundation (NIF) has been established to build a national register of innovations, mobilize intellectual property protection, set up incubators for coverting innovations into viable business opportunities and help in dissemination across the country. The NIF solicits entries about technological grassroots innovations attempted by individuals engaged in small and cottage industries, workshops, farming, craft, fishing and livestock rearing, herbal medicines and other biodiversity uses, household and workplace technologies used by women etc. Entries are also solicited from farmers, slum dwellers, local communities in managing natural resources, construction of low cost environmentally benign houses or small machines, products or any other technological aspects of survival in urban and rural areas. Customary laws are very variable and there is no simple relationship with formal IPR systems. One of the conditions in India's proposed biodiversity legislation is prior approval of the NBA before seeking any form of IPRs for an invention based on research or information on a biological resource obtained from India. The NBA while granting approval will impose conditions for sharing of benefits. The joint ownership of IPRs can thus be taken into account. Salient features of the biodiversity legislation are as follows:- The legislation primarily addresses the issue concerning access to genetic resources and associated knowledge by individuals, institutions or companies, and equitable sharing of benefit arising out of the use of these resources and knowledge to the country and the people. - The legislation provides for setting up of a three tiered structure at national, state and local levels.a) The National Biodiversity Authority will deal with matters relating to requests for access by foreign individuals, institutions or companies, and all matters relating to transfer of results of research to any foreigner; imposition of terms and conditions to secure equitable sharing of benefits and approval for seeking any form of Intellectual Property Rights (IPRs) in or outside India for an invention based on research or information pertaining to a biological resource obtained from India. b) State Biodiversity Boards will deal with matters relating to access by Indians for commercial purposes and restrict any activity which violates the objectives of conservation, sustainable use and equitable sharing of benefits. c) Biodiversity Management Committees will be set up by institutions of self-government in their respective areas for conservation, sustainable use, documentation of biodiversity and chronicling of knowledge relating to biodiversity. Biodiversity Management Committees shall be consulted by the National Biodiversity Authority and State Biodiversity Boards on matters related to use of biological resources and associated knowledge within their jurisdiction. - All foreign nationals/organisations require prior approval of NBA for obtaining biological resources and/or associated knowledge for any use. Indian individuals/entities require approval of NBA for transferring results of research with respect to any biological resource to foreign nationals/organisations. Indian citizens and organisations are required to give prior intimation to the concerned SBB about obtaining any biological resource for commercial use, and the SBB may prohibit or restrict the activity if found to violate the objectives of conservation, sustainable use and benefit sharing. However, local people and communities of the area, including vaids and hakims to have free access to use biological resources within the country. While granting approvals for access, NBA will impose terms and conditions so as to secure equitable sharing of benefits. These benefits interalia include:a) grant of joint ownership of intellectual property rights to the National Biodiversity Authority, or where benefit claimers are identified, to such benefit claimers;b) transfer of technology;c) location of production, research and development units in such areas which will facilitate better living standards to the benefit claimers;d) association of Indian scientists, benefit claimers and the local people with research and development in biological resources and bio-survey and bio-utilization;e) setting up of venture capital fund for aiding the cause of benefit claimers;f) payment of monetary compensation and other non-monetary benefits to the benefit claimers as the National Biodiversity Authority may deem fit. - The legislation provides for setting up of biodiversity funds at central, state and local levels. Benefits will be given directly to individuals or group of individuals only in cases where biological resources or knowledge are accessed directly from them. In all other cases, monetary benefits will be deposited in the Biodiversity Fund which in turn is used for the conservation and development of biological resources and socio-economic development of areas from where resources have been accessed.- Before applying for any form of IPRs in or outside India for an invention based on research or information on a biological resource obtained from India, prior approval of NBA will be required. The NBA while granting the approval impose benefit sharing fee or royalty or both or impose conditions including the sharing of financial benefits arising out of the commercial utilisation of such rights.
2001 India Protection of Plant Varieties and Farmers' Rights Act An Act to provide for the establishment of an effective system for protection of plant varieties, the rights of farmers and plant breeders, to encourage the development of new varieties of plants. Chapter IV addresses Duration and Effect of Registration and Benefit Sharing. Claims of benefit-shraing for registered varieties will take into account (a) the extent and nature of the use of genetic material of the claimant in the development of the variety relating to which the benefit sharing has boon claimed, and (b) the commercial utility and demand in the market of the variety relating to which the benefit, sharing has been claimed.
2001 New Zealand Summary of ABS system (excerpt from the CBD Thematic Report on Access and Benefit Sharing) There is a clear distinction between what Maori consider cultural and intellectual property to be, and what the intellectual property rights granted under law by government constitute. The major difficulty from a policy perspective, is isolating what might fall within the scope of current intellectual property laws and identifying those aspects of Maori cultural and intellectual property that fall outside, including for example, traditional knowledge, (encompassing but not limited to cultural images, oral tradition, medicinal remedies and other traditional uses of native plants). The government is working to further develop policies in this area, including where appropriate, the modification of existing intellectual property right systems to enable the protection of cultural and intellectual property, and scoping new and additional protection mechanisms, both legal and non-legal. Within New Zealand work has been underway for some years to examine ways in which existing systems of intellectual property right protection might be modified to provide both strengthened levels of protection for Maori cultural and intellectual property from wrongful exploitation, and also, to strengthen the process and profile of existing laws to offer greater coverage to Maori businesses who might want to develop products at a tribal level. To date this has resulted in the inclusion of a number of provisions in draft legislation designed to address Maori concerns regarding the inappropriate use of Maori imagery and text as trade marks. These provisions include a mechanism for informed consent, where applicants with proposed trade marks containing Maori imagery, the use or registration of which might be considered to cause offence, will be referred to the appropriate Maori authority for confirmation. Further consultations with Maori communities in recent years on issues relating to the reform of the Patents Act have helped to identify the nature of Maori concerns in this area but it is understood that public awareness, including Maori awareness of the role of patents has increased significantly over the past couple of years. Some of the concerns previously raised range from concern as to the effectiveness of the existing regime to protect matters of importance to Maori, including traditional knowledge based inventions, through to broader issues concerning the appropriateness of granting patents for genetic material, particularly indigenous genetic material. We anticipate that further work on proposals to address these concerns (where it is possible to do so within the parameters of the Patents Act) will commence shortly. Historically, traditional knowledge of Maori was considered by whanau (family), hapu (sub-tribe) and Iwi (tribe) to be a taonga (treasure). There was no public right to knowledge per se, and access to knowledge both from within whanau, hapu and Iwi and by outsiders was strictly regulated by tikanga (rules). The transfer of knowledge occurred on a selective basis, often based on whakapapa (genealogy). The customary MŠori system contrasts sharply with the formal intellectual property system. The relationship between the two systems has at times been fraught and there will inevitably continue to be incidents when the systems will clash due to their inherent differences. MŠori have raised concern over the inadequate and inappropriate protection afforded to their traditional knowledge under the current intellectual property regime. These concerns are the subject of a claim to the Waitangi Tribunal -Wai 262. We are also undertaking a review of intellectual property legislation with the intention to provide better protection for traditional knowledge of Maori.
2004 Pakistan Legislation on access to biological resources and community rights (draft) The objectives of this legislation include protecting the rights of local communities over biological resources and their knowledge, providing an appropriate system of access to biological resources and knowledge and technologies based upon mutually agreed terms and subject to the prior informed consent of the State and the concerned local communities, and promoting appropriate mechanisms for a fair and equitable sharing of benefits arising from the use of biological resources and related knowledge.
2001 Poland Summary of ABS system (excerpt from the CBD Thematic Report on Access and Benefit Sharing) With respect to geographic-natural and social-economical conditions Poland has a big diversity of genetic resources, wild-living species as well as species, varieties and breeders races, occurring in wild-life and ex situ collection. Nowadays in Poland there are no legal regulations directly concerning access principles to genetic resources of wild-life species and farming species, including the resources collected in gene banks. Indirectly principles of protected species conservation (including their genes) describe articles of nature conservation Act and its executory paragraphs. Breeder lines and another materials being an object of breeder's works and information about them are protected and can be available only with their owners permission. Use of varieties protected by the seed-production act for market needs is not allowed. There are not limitations concerning their application in research and breeding of new varieties. Commonly accepted regulations concerning turnover of breeders materials and new varieties facilitate exchange of resources, because they protect breeders property rights to their variety. Protection of commercial secrecy can be used, for example, to limit access to information about materials, which were used to creation of a variety introduced to the market. In 1983 Poland signed an international undertaking on behalf of FAO genetic resources conservation, supporting developing of activities aiming to conserve genetic resources and their utilisation. Undertaking recognised genetic resources as common property of man and supported free exchange of materials. Poland favours attitude of free access to all genetic resources useful in agriculture and essential to provide food for the world, independently from time of collection and place of storage, with exception of a group of materials protected by author rights. Poland, similarly to the other countries, depends on genetic resources, which originated naturally or in the breeding process in the other countries. The only limitation of access to genetic resources can be extinction hazard of species or genotype. In case of limitation of the exchange of genetic resources a free access to species of social and economical value should be preserved. Access to private as well as to governmental resources should be preserved. Regulations of access and benefits distribution should concern all the materials independently weather they were collected before or after ingress of international agreements regulating their exchange. Regulations should concern the materials stored ex situ and in situ. Access to genetic resources should be connected with multilateral system of profit distribution from their utilisation.The commonly accepted measures of the intellectual property rights protection may exert a negative influence on access to the genetic resources. There is a need to elaborate a separate sui generis system for multilateral cooperation warranted by international organisations, which would secure access to the information and exchange of materials and technologies, on the principle of mutual profit.
2002 Portugal Decree-Law No. 118/2002 This Decree establishes the legal regime for the registration, conservation, legal safeguarding and transfer of autochthonous plant material of current or potential interest to agrarian, agroforest and landscape activity, as well as associated knowledge.
Republic of Korea Enforcement Decree of the Marine Scientific Research Act The purpose of this Act is to prescribe the procedures necessary for conducting marine scientific research by any foreigner or international organization and to strive toward advancement in marine science and marine technology through efficient management and publication of research data which has resulted in the course of marine scientific research by any national of the Republic of Korea.
2001 Russian Federation National Strategy of biodiversity Conservation in Russia Sections 4.2 and 4.3 of the Strategy provide for the elaboration of legal and economic instruments on access to genetic resources and benefits sharing.
2008 South Africa Regulations on bioprospecting, access and benefit sharing Bioprospecting permits are required to engage in the discovery phase and/or commercialisation phase of a bioprospecting project. Benefit-sharing agreements may be refused unless they include provision for enhancing scientific knowledge and technical capacity of persons, organs of state or indigenous communities to conserve, use and develop indigenous biological resources. Money arising from benefit-sharing agreements is paid into the Bioprospecting Trust Fund.
2004 South Africa National Environmental Management Biodiversity Act, 2004 (No. 10 of 2004) An Act to provide for the management and conservation of South Africa's biodiversity within the framework of the National Environmental Management Act, 1998; the protection of species and ecosystems that warrant national protection; the sustainable use of indigenous biological resources; the fair and equitable sharing of benefits arising from bioprospecting involving indigenous biological resources; the establishment and functions of a South African National Biodiversity Institute; and for matters connected therewith. Most relevant provisions are Section 2; Objectives of Act; and Chapter 6, Bioprospecting, access and benefit-sharing.
Switzerland Access and Benefit Sharing: Good Practice for Academic Research on Genetic Resources This brochure was prepared by the Swiss Academy of Sciences (SCNAT). It offers easy to understand information about ABS and is specifically tailored to the academic research context (i.e. non-commercial research). It delineates the necessary steps that scientists should consider when acquiring organisms or parts thereof (genetic resources) from other countries for their research purposes. The booklet also contains case-studies, check-lists, contract elements and options for benefit sharing from an academic research perspective. Available in English, French and Spanish.
Switzerland Best Practice Standard and Guidance for Implementing Genetic Resource Access and Benefit Sharing Activities Developed by the International Institute for Sustainable Development (IISD), Stratos Inc. and Jorge Cabrera on behalf of the Swiss State Secretariat for Economic Affairs (SECO), this document provides information about a best practice ABS standard, the genetic resources management process, good practice guidance and supporting tools. Included in the supporting tools is a Generic Material Transfer Agreement, including an outline for a model contract. Case studies are also included.