Negotiations for an International Regime for Access and Ben - PowerPoint Presentation

Slide1

Negotiations for an International Regime for Access and Benefit Sharing and the Microbial Research Commons

Stefan Jungcurt

International Institute for Sustainable Development (IISD)Slide2

New element of international regulation of MGR managementAccess to and use of MGR

Biosafety and Health

Phytosanitary and quarantine requirements

Standards and taxonomy

Handling packaging and transport

IPRs

Biosecurity

ABS

How will the new regime affect the opportunities to establish and maintain microbial (semi-) commons?Slide3

Brief History

1992

CBD adoption

Objective

3: “Fair and equitable sharing of the benefits arising out of the use of GR

Article 15:National Sovereignty

Facilitated accessMutually agreed termsPrior informed consent

Benefit sharing2002Bonn Guidelines

Guidance for national implementation (voluntary)2002

WSSDJPI Art. 44(o) “negotiate, within the framework of the CBD, an international regime on

benefit sharing”2004CDB COP7 (Decision VII/19)

Mandate and terms of reference for the negotiation of an international regime on access and benefit sharing

2006CBD COP 8Negotiate an international ABS regime “at the earliest possible time prior to COP 10” (2010)Slide4

A Regime in 2010?“This process is where climate change was at in the seventies…”

“… it took three decades for the science on climate change to penetrate the international policy process”Slide5

State of the NegotiationsOutcome of ABS 7 (April 2009):35 pages, more than 2000 square brackets (i.e. instances of disagreement)

≈ 50%

of the regime

ABS 8 to address remaining 50% (more text and brackets

ABS 9 to conclude negotiations !Highly unlikely that “regime” can be adopted in 2010

(-) impact on microbial research commons uncertain (+) opportunities to engage and influenceSlide6

Text on ScopeWhich microbial genetic resources will be covered?

Which activities will be affected?

The International Regime on Access and Benefit-sharing applies to

[all] [biological resources,] genetic resources, [including viruses and other pathogenic [, as well as potentially pathogenic] organisms and genetic sequences regardless of their origin] [derivatives,] [products] [benefits arising from commercial and other utilization]

as well as [to their] [associated] traditional knowledge, innovations and practices [covered by the Convention on Biological Diversity] [in accordance with Article 8(j)] [within national jurisdiction and of a transboundary nature] [in accordance with the relevant provisions of the Convention on Biological Diversity] [subject [and mutually supportive] to other [relevant] international obligations] [and without prejudice to other international obligations]. [The International Regime will also apply to genetic resources of migratory species that for natural reasons are found on the territories of the Parties.]Slide7

ABS Politics“Grand Bargain” of the CBD

ABS in exchange for developing country participation

ABS

to finance biodiversity conservation

Influence of Agenda 21

National sovereigntyCommoditization logicE

xpectations of developing country suppliersFocus on monetary benefits (national income from trade in genetic resources)

ABS to counterbalance IPRs in user countries and secure property rights over GR (enclosure)“Biopiracy

” as modern form of colonialismUser countriesFocus on facilitating accessNo restrictions/conditions on IPRsSlide8

ABS PoliticsCommoditization logic is at odds with the principles of a research commons

Fight about the

distribution

of benefits dominates discussion on

creation of benefits (“blockbuster” phenomenon)

Up to ABS 6 very little involvement of the scientific communityRays of light:Increasing recognition of interdependence in genetic resourcesIncreasing recognition of the link between access and use

Supplier countries with emerging biotech sectors show interest in joint efforts in research and development (in informal talks!)Some cite ITPGR as possible model for other genetic resourceSlide9

Involvement of Experts and User GroupsCBD Technical Expert meetingsCertificates (2007)

Concepts, Terms, working definitions and

sectoral

approaches (2008)

Compliance (2009)Traditional knowledge (2009)

Other initiativesWorkshop on non-commercial research (Consortium for the Barcode of Life, 2008)Sectoral linkages (UNU-IAS/Japan Bioindustry

Association - 2008)Traditional Knowledge (Austria, 2008)Too little too lateRecommendations are not or only partially reflected in negotiationsSlide10

Corner Stones and Main ComponentsNothing is agreed until everything is agreed!Slide11

Corner StonesLegally bindingProtocol to CBDRatification only by CBD Parties

Unknown ratification period

Participation may be limited

Objective: secure compliance with national ABS legislation

International minimum standards

model domestic legislationModel clauses for MTAsCertificatesSlide12

AccessInternational Access standards (that do not require harmonization of domestic legislation)Ensure all elements of ABS are covered

Prior Informed consent

Mutually agreed terms

Disclosure requirements

Clarity and transparencyLegal certainty

Model domestic legislationSupplier countries oppose standardization of access legislation -> increased transaction costsSlide13

Benefit SharingSharing results of research and development on mutually agreed termsAccess to research results

Technology transfer

Participation in research activities/joint activities

International minimum conditions and standards

Option for multilateral sharing when origin is unclear or resources exist transboundary

Trust funds for transboundary situations Slide14

Compliance

International

understanding on

misapropriation

/misuse (def. of biopiracy)

Sectoral menus of model clauses for MTAsCodes of conduct for important user groupsBest practice

codes of conductTracking system and information exchangeResearch funding agencies to require compliance with ABS requirements

Disclosure requirementsSlide15

CertificatesInternationally recognized certificate issued by a domestic competent authorityMinimum information

Details of supplier, user and rights holder

Unique identifier

Subject matter

Geographic location of accessProof of prior informed consent

Uses permitted and restricted Conditions of transferConfirmation of compliance with domestic access requirememntsSlide16

CertificatesOther informationDatabases for evidence of compliance/progressive compliance with PIC and MAT

Patent application databases

Integration of taxonomies

Use of

Barcoding and linking with unique identifiers

Other ideasUse of existing tracking proceduresAutomatic issuing of certificates based on compliant MTAsConsolidation with existing permitting systems

Standards for recording of collections Slide17

Possible ImplicationsRestrictions through domestic access lawsIncreased transaction costs due to lack of harmonizationLack of recognition of diversity of user practices

Disclosure requirements?

Origin of MGRs?Slide18

Options and OpportunitiesProvide input to the discussion on “sectoral” approaches

Raise awareness of ongoing transformations (existing and changing practices)

Proposals for different research/user communities (communities of practice)

Learn from ITPGR experience?

Use international networks to coordinate proposals and lobbying efforts with national governments

Ensure that COP 10 decision does not close the door to these discussions