Options for governing the microbial commons informed by the need to bridge the 1993 CBD divide Microbial Commons National Academy of Science October 8-9,

Slides:



Advertisements
Similar presentations
APROACHES TO ABS AND TRADITIONAL KNOWLEDGE ROLE OF THE AU(OAU) MODEL LAW by Prof. J.A.Ekpere Tel Mobile: 234.
Advertisements

ACCESS TO GENETIC RESOURCES AND BENEFIT-SHARING UNDER THE CONVENTION ON BIOLOGICAL DIVERSITY RECENT DEVELOPMENTS ON ACCESS TO GENETIC RESOURCES AND BENEFIT-SHARING.
An Industry Perspective on Access & Benefit Sharing Tom Jacob, Senior Advisor - Global Affairs, DuPont Chair, ICC Task Force on ABS
LEGAL AND REGULATORY REGIME FOR ACCESS AND BENEFIT SHARING IN KENYA Presented By: Anne N. Angwenyi National Environment Management Authority (Kenya)
National Herbarium & Botanic Gardens of Malawi
ACCESS TO GENETIC RESOURCES AND BENEFIT-SHARING UNDER THE CONVENTION ON BIOLOGICAL DIVERSITY by Valérie Normand Secretariat of the Convention on Biological.
Access to and Use of Traditional Knowledge A view from industry Bo Hammer Jensen.
ABS aspects of the Moorea Biocode Project Case Study - French Polynesia Sabine Brels R. Gump South Pacific Research Station, Moorea, French Polynesia.
1 A&BS in Relation to Marine Genetic Resources Prof. Dr. Alexander Proelß hydrothermal systems.
CGC Chairs Web Conference October 26, 2011 Karen A. Williams Ned Garvey Plant Exchange Office National Germplasm Resources Lab Beltsville, Maryland
The Convention on Biological Diversity, access to genetic resources and IPR Yovana Reyes Tagle University of Helsinki.
Emerging Challenge? Accessing Genetic Resources : the building blocks of new technologies Access and Benefits Sharing, an emerging issue transitioning.
“Undoing the Knot in A&BS Transactions: In Search of Amicable Solutions” Introduction Gerd Winter.
THE LAW MAKING PROCESS OF AN ACCESS AND BENEFIT SHARING REGIME IN KENYA Presented By: Anne N. Angwenyi National Environment Management Authority (Kenya)
The International Treaty on Plant Genetic Resources for Food and Agriculture Kent Nnadozie
Beyond Access - Identifying options for User Country Legislation to Meet the Fair and Equitable Benefit Sharing Commitment Morten Walløe Tvedt, Senior.
Experiences with implementation of Brazilian A & BS Regime and Suggestions for Reform Juliana Santilli.
Access and Benefit Sharing and the Nagoya Protocol Nashina Shariff Manager Environmental Stewardship Branch November 2014.
Centre for Genetic Resources, the Netherlands Farmers’ Rights – international level concepts and actions Niels Louwaars Biopolicies specialist.
Department of AYUSH and NISCAIR “International Conclave on Traditional Medicine” New Delhi, November 16-17, 2006 Dr. Shakeel Bhatti Head Genetic Resources,
Sustainable Biodiversity Law: Global Access, Local Benefits Marie-Claire Cordonier Segger, Director Jorge Cabrera, Lead Counsel Kathryn Garforth, Research.
The International Treaty on Plant Genetic Resources for Food and Agriculture Dr. Shakeel Bhatti Secretary, ITPGRFA.
ABS Management Tool International Stakeholder Workshop 27 and 28 November 2006, Heredia Costa Rica Sponsored by SECO and UNU/IAS Organized by IISD, Stratos.
ABS Best Practice Standard + Handbook Sponsored by SECO Developed by: IISD, Stratos Inc., Jorge Cabrera Launch of the ABS Management Tool Side Event ABS.
Negotiations for an International Regime for Access and Benefit Sharing and the Microbial Research Commons Stefan Jungcurt International Institute for.
The International Treaty on Plant Genetic Resources for Food and Agriculture The Multilateral System of Access and Benefit-sharing.
The Relationship between TRIPS and the Convention on Biological Diversity (CBD) - State of play in the TRIPS Council - WTO Symposium on Trade and Sustainable.
A new international regime: how does it affect botanic gardens? Kate Davis CBD Unit, Conventions and Policy Section, Royal Botanic Gardens, Kew Eurogard.
13 oktober 2015 Access & benefit- sharing in practice What is ABS? What does ratification mean for CN? What issues to address in practice? Léontine Crisson.
The Negotiations on the International Regime on Access and Benefit-Sharing within the framework of the Convention on Biological Diversity.
Session 4: The Convention on Biological Diversity Making Access Decisions.
Convention on Biological Diversity (CBD) 1992 (entered into force in December 1993) website: Dr Mahfuzul Haque.
1 Traditional Knowledge and Genetic Resources in Economic Partnership Agreements: Elements of a Positive Agenda for ECOWAS Countries ECOWAS Regional Dialogue.
The Need to Address Disclosure of Origin Requirements in Patent Law Harmonization Initiatives Joshua D. Sarnoff Washington College of Law American University.
Legal aspects - Overview Ad hoc Working Group on the Durban Platform (ADP) New agreement: - form - substance Design features & legal techniques.
1 International negotiations on post 2012 regime: general framework and the key questions Ruta Bubniene, Programme officer Reporting, Data and Analysis.
The CBD for Botanists An introduction to the Convention on Biological Diversity for people working with botanical collections.
P. Pushpangadan & K. Narayanan Nair National Botanical Research Institute (Council of Scientific & Industrial Research) Lucknow – , India ACCESS.
“PERUVIAN EXPERIENCE IN THE PROTECTION OF TRADITIONAL KNOWLEDGE” Presentation by Minister Counsellor Betty Berendson, Deputy Permanent Representative of.
Law & Policy of Relevance to the Management of Plant Genetic Resources The Standard Material Transfer Agreement (SMTA) Session 2: Presentation.
The international Treaty on Plant Genetic Resources for Food and Agriculture (PGRFA): Inter-dependence of countries Dr. Shakeel.
Law and Policy of Relevance to the Management of Plant Genetic Resources Session 7: IPRs II: How Intellectual Property Rights Can Affect the Daily.
Session 9: Cross-Cutting Issues. Law and Policy of Relevance to the Management of Plant Genetic Resources  To describe the key cross-cutting.
Access and Benefit Sharing. Three pillars of the Convention on Biological Diversity: –Conservation – Sustainable Use – Equitable Sharing of the Benefits.
Law & Policy of Relevance to the Management of Plant Genetic Resources Implementing the Treaty Session 1: Presentation 3 The International Treaty.
Law and Policy of Relevance to the Management of Plant Genetic Resources Objectives of Day Four 1.To discuss and understand how intellectual property.
REVIEW OF THE LISBON AGREEMENT FOR THE PROTECTION OF APPELLATIONS OF ORIGIN AND THEIR INTERNATIONAL REGISTRATION: LATEST DEVELOPMENTS Florence Rojal Legal.
ABS ASPECTS OF THE MOOREA BIOCODE PROJECT CASE STUDY - FRENCH POLYNESIA Sabine Brels Legal analyst, R.B Gump research station (UCB)
The International Treaty on Plant Genetic Resources for Food and Agriculture and The Convention on Biological Diversity Training Workshop The International.
ABS the long road to Nagoya Sem T Shikongo Namibia.
Centre for Genetic Resources, the Netherlands EU Regulation implementing the Nagoya Protocol in the Union: user obligations 11 January 2016, Bert Visser.
CGC Chairs Web Conference November 15, 2012 Karen A. Williams Plant Exchange Office National Germplasm Resources Lab Beltsville, Maryland
Exploring BIODIVERSITY, AGRICULTURE and CLIMATE CHANGE in NATIONAL LAWS affecting LOCAL COMMUNITIES AND INDIGENOUS PEOPLES Ambra Gobena, Esq.
Expert Consultation on Development of a Global Cacao Conservation Strategy University of Reading, UK March 2008 Legal aspects of (public domain)
Communities, Protected Areas and Prior Informed Consent Anne M. Perrault Center for International Environmental Law.
African Training Workshop on Community Protocols, Indicators on Traditional Knowledge and Customary Sustainable Use under the Convention on Biological.
INITIAL ELEMENTS (1996) Elements for Objective Analysis and Advice Concerning Potentially Destabilizing Accumulations of Conventional Weapons.
LAW IS ORDER, AND GOOD LAW IS GOOD ORDER: THE ROLE OF GOVERNANCE IN THE REGULATION OF INVASIVE ALIEN SPECIES Dr Sophie Riley University of Technology Sydney.
The FAO Global System for the Conservation and Sustainable Utilization of Plant Genetic Resources for Food and Agriculture Training Workshop The International.
Session 1. Understanding and Implementing the International Treaty on Plant Genetic Resources for Food and Agriculture The International Treaty on Plant.
ASTA V&F Seed Conference EI WG
Objectives of Day Two    To outline elements of a genebank policy on access and distribution To discuss the Convention on Biological Diversity To make.
Session 11 – Implementation and Compliance Issues
The Global Landscape of IP/TK
1999 MOSAICC 2001 CBD BONN GUIDELINES
Nagoya Protocol on Access & Benefit Sharing Arising from the Utilization of Biological Resources GEF/UNEP-SPREP Regional Project on the Ratification of.
Module 2: The Development of an International Regime on Access to Genetic Resources and Benefit-Sharing Science Places Plants People.
Module 3: Key Articles of the Nagoya Protocol on Access to Genetic Resources and Benefit-Sharing Science Places Plants People.
To change the images at the bottom of the slide:
Policy Coherence: From Regime Complexity to Discourse Consistency
Presentation transcript:

Options for governing the microbial commons informed by the need to bridge the 1993 CBD divide Microbial Commons National Academy of Science October 8-9, 2009 Washington Michael Halewood

Article 15. Access to Genetic Resources 1. Recognizing the sovereign rights of States over their natural resources, the authority to determine access to genetic resources rests with the national governments and is subject to national legislation. 3. […] only those that are provided by Contracting Parties that are countries of origin of such resources or by the Parties that have acquired the genetic resources in accordance with this Convention. 4. […] on mutually agreed terms […] 5. […] subject to prior informed consent

% of collections acquired before/after CBD %

How to get post 1993 acquisitions into the commons? 1993

Bridging the 1993 divide 1993

Intergovernmental space/support International Treaty (e.g. ITPGRFA) In-trust agreements between collections or countries and intergov body (CGRFA, 1994 FAO- CGIAR) Non-legally binding guidelines, codes of conduct (FAO International code of conduct for plant germplasm collecting and transfer, Bonn Guidelines) Some form of endorsement of novel arrangements

Intergovernmental Fora? All options have to be considered in the context of the ongoing negotiations of the International Regime under the CBD

International Regime draft text on ‘scope’ 4. [The International Regime on Access and Benefit-sharing should provide [[flexibility] to respect] existing [and allow for the implementation and potential and further development of other, more] [specialized international access and benefit- sharing systems].] [The international regime on access and benefit-sharing will not apply if and in so far as [determined by the Governing Body of the international regime,] other more specialized international access and benefit-sharing systems apply.] [Nothing in the international regime will prevent the development, recognition and accommodation of intergovernmental agreements relating to access and benefit- sharing [, which as determined by the Governing Body of the international regime,] [achieves] that achieve the objectives of the Convention on Biological Diversity and are consistent with the provisions of the international regime.]

Intergovernmental Fora CGRFA work on ABS mypow/en/?no_cache=1

Intergovernmental fora Coordinated outputs at multiple fora –CBD, CGRFA, UNFCC, WHO

Thank you