Transparency in the Governance of Access to and Benefit Sharing from Genetic Resources

This chapter explores the evolution of global ABS governance under the CBD from the perspective of transparency, taking into account the 2010 Nagoya Protocol. In line with the overall framework of this book, we discuss, first, the emergence and framing of transparency in this area of governance. We argue that transparency, which was not initially envisioned as a policy solution, has increasingly moved to center stage in the debate on ABS governance under the CBD,which especially builds on bilateral contracts between providers and users. This move results, not least, from a growing marketization of GR and increasing awareness (through, for example, NGO campaigns) of the lack of information about GR uses. Subsequently, we outline the main elements and instruments of the transparency infrastructure elaborated,and given legal force, in the Nagoya Protocol, including the bilateral, contract-based approach to ABS governance therein. We then discuss the(in)effectiveness of governance by disclosure thus far, as well as prospects for improvement, especially through the Nagoya Protocol. The overall CBD system has performed weakly since the 1990s. Even after negotiation of the Nagoya Protocol, there remains a lasting imbalance between relatively advanced standards and practices for transparency for access and more problematic and imperfect standards for transparency for benefit sharing, which disadvantages least-developed countries and results in calls for capacity-building efforts. The conclusions summarize the results of the analysis

Intellectual Property Rights on Genetic Resources and the Fight Against Poverty

The developmental impact of intellectual property rights (IPRs) on genetic resources (GR) and associated traditional knowledge (TK) has been intensely discussed internationally for more than a decade. In this respect, plant GR for food and agriculture, GR for health as well as the related rights of indigenous and local communities possess particular importance for poverty reduction. The EU can play an important role in advancing regulatory action in this field that enhances the effectiveness of the fight against poverty, both domestically and at the international level. The 2010 Nagoya Protocol to the Convention on Biological Diversity that addresses “biopiracy” related to GR/TK is awaiting ratification and full and effective implementation, which will, inter alia, require capacity building especially for least developed countries. Another important contribution to combating biopiracy would be the establishment of a requirement to disclose in patent applications the source of any GR/TK used, as currently under negotiation in the World Trade Organisation and the World Intellectual Property Organisation. The rights of indigenous and local communities, especially with respect to their TK, deserve particular protection both in the EU and internationally, to be designed in consultation with these communities. IPRs on seeds and medicines should not be allowed to compromise the human rights to food and health. There is a need for advancing research and development on seeds and medicines that are targeted at low-income populations in developing countries