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Access and benefit-sharing; protection of traditional knowledge
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Prior to the coming into force of the Convention on Biological Diversity (CBD) in 1993, access to and use of genetic resources and related traditional knowledge in a particular country were subject primarily to the national regime in that country.
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The CBD expressly recognized the efficacy of these national regimes by providing that “[s]tates have the sovereign right to exploit their own resources pursuant to their own environmental policies" (CBD Art 3). Also, the Convention declared as an objective, to promote the “fair and equitable sharing of benefits arising out of the utilization of genetic resources, including by appropriate access to genetic resources" (CBD Art 1). To meet this objective, the CBD created expectations and imposed obligations which parties were expected to fulfill in national frameworks on access and benefit sharing.
In the intervening decade, however, relatively few states have implemented national frameworks for access and benefit sharing. To accelerate implementation of CBD access and benefit sharing provisions, the parties to the CBD adopted the “Bonn Guidelines on Access to Genetic Resources and Fair and Equitable Sharing of the Benefits Arising out of their Utilization" in 2002. As few Parties have adopted frameworks based upon the Bonn Guidelines, the World Summit on Sustainable Development took note of this issue later that same year and mandated negotiations for a “New International Regime" under the CBD which commenced in February, 2005.
Discussions on the protection of traditional knowledge and access and benefit sharing in relation to genetic resources are also taking place in other international fora, such as the World Intellectual Property Organization, and the World Trade Organization in the context of TRIPS.
Please click here for more information about the CBD.
| ICC's contributions on ABS |
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