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    Nature, traditional knowledge and capacity building

    Submission to the Secretariat of the Convention on Biological Diversity for the 8th Ad Hoc Open Ended Working Group on Access and Benefit-Sharing, Montreal, 9-15 November 2009

    Prepared by the ICC commission on : Intellectual Property
    Publication date : 18/09/2009 | Document Number : 450/1052

    The business delegation – coordinated under the umbrella of ICC – remains committed to contributing constructively on substantive discussions in the CBD access and benefit sharing (ABS) negotiations.

    A diverse range of different business sectors played an active role in the 7th Ad Hoc Open Ended Working Group on Access and Benefit Sharing (ABS-7), and the business delegation has also contributed its expertise and experience to the Technical Expert Groups on Concepts, Terms, Working Definitions and Sectoral Approaches,1 on Compliance,2 and on Traditional Knowledge. All businesses are engaged in a continuous evaluation of risk and return on investment. A high risk environment will discourage investment and reduce opportunities for creating benefits. Given the long time period and heavy investments required to commercialize inventions using genetic resources, businesses need national laws or guidelines which are transparent, practical, science-based, nondiscriminatory, and provide legal certainty to justify their investments. Business therefore supports the creation of a practical and workable IR which will facilitate the activities of the different sectors working with genetic resources today and take into account the future evolution of those activities. The current paper reiterates some of the general principles set out in more detail in the ICC submission to ABS-74 and provides more specific input on the following items which the 8th Ad Hoc Open Ended Working Group on Access and Benefit Sharing is mandated to negotiate: nature; traditional knowledge associated with genetic resources; and capacity building. ICC has previously made submissions on the other items of the agenda already discussed during ABS-7 such as compliance,5 fair and equitable benefit sharing and access.