Deriving benefits from genetic resources by Naana E. K Halm WIPO Consultant 1

The importance of GRs 2

Genetic resources are described as “living material that includes genes of present and potential value for humans’; They are critical to humanity’s economic and social development; Thus, recognised as a global asset of tremendous value to present and future generations; However, rapid extinction of species across the world by human activity is alarming 3

The CBD Was created with the aim of tackling the problem of the non-conservation and non-sustainable use of GRs; Convention opened for signature on the 5 th of June, 1992 at the United Nations Conference on Environment and Development (the Rio Earth Summit); Entered into force on the 29 th of December,

The CBD The Convention has three main objectives; ◦ the conservation of biological diversity; ◦ the sustainable use of its components; and ◦ the fair and equitable sharing of benefits arising from the use of genetic resources. 5

The Nagoya Protocol Fully named the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilisation to the Convention on Biological Diversity; An international agreement which aims at sharing the benefits arising from the utilisation of genetic resources in a fair and equitable way. 6

The Nagoya Protocol Aims to provide legal certainty and transparency between providers and users of GRs by: ◦ Establishing more predictable conditions for access to genetic resources; and ◦ Helping to ensure benefit-sharing when genetic resources leave the country providing the genetic resources, thus;  Creating incentives to conserve and sustainably use genetic resources, and therefore enhancing the contribution of biodiversity to development and human well-being. 7

The Nagoya Protocol – defining the key term ‘Use’ - using genetic resources, whether from plants, animals or micro-organisms, refers to the process of researching their beneficial properties and using them to increase scientific knowledge and understanding or to develop commercial products; Outlines relationship between the provider and user of the GRs. 8

The Nagoya Protocol – implementation Establishing national focal points (NFPs) and competent national authorities (CNAs) to serve as contact points for information, grant access or co-operate on issues of compliance; An Access and Benefit-sharing Clearing- House to share information, such as domestic regulatory ABS requirements or information on NFPs and CNAs; 9

The Nagoya Protocol – implementation Capacity-building to support key aspects of implementation. Based on the national needs and priorities, this can include capacity to: ◦ Develop domestic ABS legislation to implement the Protocol; ◦ Negotiate MAT; ◦ Develop in-country research capability and institutions. 10

The Nagoya Protocol – implementation Awareness-raising/outreach programmes; Technology Transfer; Targeted financial support for capacity-building and development initiatives through the Nagoya Protocol’s financial mechanism, the Global Environment Facility (GEF) 11

The Swakopmund Protocol Came into force to try to ensure the effective protection of TK and folklore; Administered by ARIPO; Focus is on meeting the needs of the holders and custodians of TK to enable them to exercise more control over their own knowledge; S.15 deals with access to genetic resources 12

How to derive benefits Adequate and effective protection of the GRs through mechanisms of the various Protocols; Ensuring PIC from the communities guarding the GRs; Setting up bodies/agencies that will monitor and control the country’s GR use and exploitation; Resulting strong ABS protocols in place for the communities. 13