GENETIC RESOURCES vs. BIOLOGICAL RESOURCES DEFINITIONS, UTILIZATION AND BENEFIT SHARING.

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Presentation transcript:

GENETIC RESOURCES vs. BIOLOGICAL RESOURCES DEFINITIONS, UTILIZATION AND BENEFIT SHARING

ACCESS AND BENEFIT SHARING - Defining Genetic Resources - Clarifying utilization - Understanding benefits

A. GENETIC RESOURCES - DIFFERENT ANSWERS DEPENDING ON WHO IS DEFINING - CBD: BIOLOGICAL RESOURCES INCLUDES GENETIC RESOURCES - GENETIC RESOURCES ARE GENETIC MATERIAL OF ACTUAL AND POTENTIAL VALUE - GENETIC MATERIAL IS MATERIAL OF PLANT, ANIMAL, MICROBIAL OR OTHER ORIGIN CONTAINING FUNCTIONAL UNITS OF HEREDITY - GENETIC RESOURCES 1) MUST BE FUNCTIONAL UNITS OF HEREDITY AND 2) MUST HAVE ACTUAL OR POTENTIAL VALUE

FUNCTIONAL UNITS OF HEREDITY - UNDEFINED IN THE CBD - CHOSEN BY POLICY MAKERS RATHER THAN SCIENTISTS - DNA, RNA, REPRODUCTIVE PROTEINS ? - SERIOUS POLICY AND COMMERCIAL IMPLICATIONS AND A SCIENTIFIC DEBATE WILL NOT HELP - ACTUAL OR POTENTIAL VALUE: SO RESOURCE HAS TO BE VALUABLE BECAUSE OF UNITS OF HEREDITY - RESOURCE HAS TO BE USED IN A WAY THAT CAPITALISES ON ITS UNITS OF HEREDITY - EXCLUDES FOOD, BUILDING MATERIALS ETC.? - THERE NEEDS TO BE A SPECIFIC LINK TO UNITS OF HEREDITY BEYOND BIOLOGICAL PROPERTIES

B. UTILIZATION OF GENETIC RESOURCES - WAY OUT OF BROAD STATEMENTS SUCH AS ALL BIOLOGICAL RESOURCES ARE GENETIC RESOURCES - THE MANNER OF UTILIZATION OF A GENETIC RESOURCE WILL DISTINGUISH IT FROM A BIOLOGICAL RESOURCE - A GENETIC RESOURCE COULD BE A BIOLOGICAL RESOURCE BUT HOW YOU USE IT COULD IMPACT WHETHER YOU IT FALLS UNDER ABS - TIMBER: BR, CREATING A GMO: GR - HUGE IMPLICATIONS FOR TRACKING AND MONITORING BUT MUST HAVE USER COUNTRY BACKING

BENEFITS FROM UTILIZATION OF GENETIC RESOURCES - ART 15.7 OF CBS: COMMERCIAL AND OTHER UTILIZATION - BENEFITS OF NON COMMERCIAL RESEARCH NEED TO BE SHARED - NEED CLARITY ON KIND OF BENEFITS: SPECULATIVE OUTCOMES, INFORMATION, DIRECT V. INDIRECT BENEFITS - OPERATIVE QUESTION IS WHICH BENEFITS WILL BE CONSIDERED FOR BENEFIT SHARING UNDER ABS AND HOW WILL THEY BE SHARED

DEFINING GENETIC RESOURCES Genetic resources are the product of any human activity with nature that involves: (i) the micro/physical component (extracting, multiplying and studying genetic or biochemical material); (ii) the information (synthesis or other development, or processes to do so); and (iii) the intangible and tangible being used together (i.e., where a molecule or sequence cannot be synthesized or multiplied, but must be continuously collected from wild sources). (From 'Beyond Access: Exploring Implementation of the Fair and Equitable Sharing Commitment in the CBD' Morten Walloe Tvedt and Tomme Young)

UTILIZATION OF GENETIC RESOURCES - DESCRIPTIVE CRITERIA (THE QUALITIES AN ACTIVITY WILL DISPLAY WHEN IT CONSTITUTES 'UTILIZATION OF GENETIC RESOURCES') - EXAMPLES AND CATEGORIES (LIST OF ACTIVITIES OR CATEGORIES THAT CONSTITUTE UTILIZATION OF GENETIC RESOURCES) - CATEGORIES CAN BE DIVIDED i) BY SECTOR ii) BY OBJECTIVE iii) BY SPECIFIC GENETIC RELATED ACTIVITY iv) BY DEVELOPMENTAL STAGE OR TYPE - SOLVES THE PROBLEM OF DERIVATIVES ('Beyond Access: Exploring Implementation of the Fair and Equitable Sharing Commitment in the CBD' Morten Walloe Tvedt and Tomme Young)

THANK YOU KABIR BAVIKATTE NATURAL JUSTICE (LAWYERS FOR COMMUNITIES AND THE ENVIRONMENT)