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Implementing the Nagoya Protocol

Comparing Access and Benefit-sharing Regimes in Europe

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Edited by Brendan Coolsaet, Fulya Batur, Arianna Broggiato, John Pitseys and Tom Dedeurwaerdere

The adoption of the Nagoya Protocol on Access and Benefit-sharing to the Convention on Biological Diversity in 2010 is a major landmark for the global governance of genetic resources and traditional knowledge. The way in which it will be translated into practice will however depend on the concrete implementation in national country legislation across the world.

Implementing the Nagoya Protocol compares existing ABS regimes in ten European countries, including one non-EU member and one EU candidate country, and critically explores several cross-cutting issues related to the implementation of the Nagoya Protocol in the EU. Gathering some of the most professional and widely acclaimed experts in ABS issues, this book takes a major step towards filling a gap in the vast body of literature on national and regional implementation of global commitments regarding ABS and traditional knowledge.
No Access

Series:

Brendan Coolsaet, Fulya Batur, Arianna Broggiato, John Pitseys and Tom Dedeurwaerdere

No Access

Series:

John Pitseys, Brendan Coolsaet, Fulya Batur, Tom Dedeurwaerdere and Arianna Broggiato

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Series:

Brendan Coolsaet, Fulya Batur, Arianna Broggiato, John Pitseys and Tom Dedeurwaerdere

No Access

Series:

Brendan Coolsaet, Fulya Batur, Arianna Broggiato, John Pitseys and Tom Dedeurwaerdere

No Access

Series:

Tom Dedeurwaerdere, Arianna Broggiato, Selim Louafi, Eric W. Welch and Fulya Batur

Open Access

Arianna Broggiato, Thomas Vanagt, Laura E. Lallier, Marcel Jaspars, Geoff Burton and Dominic Muyldermans

Abstract

A fair and effective regime regulating benefit-sharing of marine genetic resources (mgr) in areas beyond national jurisdiction (abnj) must consider the inclusion of developing states, support scientific research and safeguard investments of the private sector. The present innovative proposal ensures a delicate balance through an approach based on open access, albeit with limitations. Access to mgr in abnj is facilitated, but conditional on the public release of collected samples and raw data. Adoption of the open access principle guarantees a powerful form of non-monetary benefit-sharing. The balance is maintained by the option for an extended embargo period, allowing samples and data to be kept confidential for a certain period, against payment to a biodiversity contribution fund. Monetary benefit-sharing, as a sector-negotiated percentage on revenue, could be imposed at the point of product commercialisation, and would offer a tangible payment system with a low transaction cost.

Open Access

Thomas Vanagt, Arianna Broggiato, Laura E. Lallier, Marcel Jaspars, Geoff Burton and Dominic Muyldermans

Abstract

A fair and effective regime regulating benefit-sharing of marine genetic resources (MGR) in areas beyond national jurisdiction (ABNJ) must consider the inclusion of developing states, support scientific research and safeguard investments of the private sector. The present innovative proposal ensures a delicate balance through an approach based on open access, albeit with limitations. Access to MGR in ABNJ is facilitated, but conditional on the public release of collected samples and raw data. Adoption of the open access principle guarantees a powerful form of non-monetary benefit-sharing. The balance is maintained by the option for an extended embargo period, allowing samples and data to be kept confidential for a certain period, against payment to a biodiversity contribution fund. Monetary benefit-sharing, as a sector-negotiated percentage on revenue, could be imposed at the point of product commercialisation, and would offer a tangible payment system with a low transaction cost.