Thursday, December 8, 2016

The Two Worlds of Nagoya: new publication by Natural Justice and Public Eye

A new report, published by Public Eye and Natural Justice, shows the large discrepancies between the EU ABS framework and emerging provider country laws in how they implement the Nagoya Protocol, and the consequences for access and benefit sharing.  

The study will be presented at a side event during the 13th Conference of the Parties of the Convention on Biological Diversity in Cancún, Mexico on Wednesday 14 December 2016 at 18:15 in Side-event Room 2, Universal building. 

It focuses on three issues:




1.     The “temporal scope”:
The EU Regulation takes the position that benefit sharing obligations are triggered by the physical access to a genetic resource (GR) or associated traditional knowledge (aTK) in the country of origin, and limits the obligations of users of GRs and aTK to uses of resources that have been accessed in provider countries after the Nagoya Protocol has been ratified by both the EU and the country of origin. This is in contrast with the understanding of most, if not all, provider countries, whose legislations consider that benefit sharing should be triggered by the utilization of GR and aTK. This should include any new utilization of GR and aTK after the entry into force of the Nagoya Protocol or the national ABS law of the provider country, even if the physical access took place before (as is the case with the majority of GR and aTK held in ex-situ collections, for instance).

2.     Associated Traditional Knowledge:
The EU regulation limits the aTK that falls under its provisions by defining it as “traditional knowledge held by an indigenous or local community that is relevant for the utilisation of genetic resources and that is as such described in the mutually agreed terms applying to the utilisation of genetic resources”. This definition – i.e. including only aTK that is mentioned in MAT - is concerning because it makes it near impossible to track the illegal access and utilisation of aTK, i.e. the utilisation of aTK which has been accessed without PIC (prior informed consent) and MAT.

3.     The “import loophole”:
A significant gap in the EU regulation exists because it requires due diligence only from users of GR and aTK within the EU – not from parties selling or otherwise commercially profiting from products based on GR and aTK which were developed outside of the EU and then imported.
  
The study argues that these discrepancies between the EU regulation and provider country legislations will lead to legal uncertainty for providers and users alike. This in turn, if solutions are not found, could lead to more restrictive access measures by provider countries. It goes on to propose potential measures that can be taken by various actors to maintain the spirit of the CBD and the Nagoya Protocol, fulfil the rights of provider countries and of indigenous peoples and local communities, and achieve fair and equitable benefit sharing.

For more information 
Barbara Lassen, barbara@naturaljustice.org, Natural Justice
Francois Meienberg, francois.meienberg@publiceye.ch, Public Eye 



16 comments:

Ujawal Singh said...

RBSE 10th Result 2017

Samir said...

Download shareit Apk for PC

Words Doctorate said...

Words Doctorate is providing PhD-Master Thesis, Dissertation and Research related support for PhD - Master Students-all stream.

PhD Thesis Writing Services
Dissertation Writing Services
Research Paper Writing Services
Master Thesis Writing Services

Riya Jain said...

Here we can check Rajasthan Board 10th Result 2017 Rajasthan Board 10th Result 2017

Here we can check Rajasthan Board 12th Result 2017 Rajasthan Board 12th Result 2017

hello iletsfly said...

Check CBSE 10th Result 2017 and CBSE 12th Result 2017 here.

Check Rajasthan Board 10th Result 2017 and Rajasthan Board 12th Result 2017 here.

class12thresult said...

Here you can get all the details of RBSE 10th Result

2017
. The Rajasthan Board will declare the RBSE 10th

Result 2017
in the month of May 2017.

rocksharma2880 said...

Check your CBSE 12th board result 2017 on cbse official website

class12thresult said...

Here you can get nice details about CBSE 10th Result 2017 on the official portal, Check out CBSE 10th Result 2017 in the May 2017.

Unknown said...

For More details on the CBSE 12th result 2017 and its release date click here.

Bharat Rawat said...

Nice article, thanks for sharing with us.
10th board result 2017

Akshat Maheshwari said...

CBSE 12th Result 2017Hello all students of CBSE Board here we latest update The Central Board of Secondary Education 12th Board Result 2017 for all streams such as Arts, Commerce and Science will be launched in the month of May 2017 so which students are participate in this examination they will check their result online through CBSE official website also check result updates to visit on www.jobonweb.in.

Lavanya Shinde said...

Rajasthan Board of Secondary and Higher Secondary Education Department is going to declare Rajasthan 12th Result 2017, Evaluation is process is completed. Candidates who are looking for the Result they can check their result on the official website, after the official declaration.

class12thresult said...

Jharkhand JAC Matric result 2017 is going to be declared soon on the official website of Jharkhand State board. To check online JAC 10th Result 2017 , you need to visit to the official website of jharkhand board.

Manmohan Singh said...

As per the latest news, Rajasthan Board department is planning to release Rajasthan 12th Result 2017 on the official web portal very soon. Once the result declared on the official website then after candidates can check it from other website also. All the marks evaluation and answersheet checking procedure is finished

Ashu Sharma said...

CBSE 10th Result 2017 Name Wise Search with here.

Soniya Gandhi said...

Candidates can take a sigh of relief, the most awaited 12th Board Result 2018 is available soon on the official website, so do not believe on the fake and irrelevant news. You can check verified and relevant news from the official website regularly. After the formal announcement of result on the official website, students can check it from other non official website.