Access to genetic resources and the fair and equitable sharing of benefits arising out of their utilization

The Convention on Biological Diversity recognises the sovereign rights of States over their natural resources in areas within their jurisdiction. Parties to the Convention therefore have the authority to determine physical access to genetic resources in areas within their jurisdiction. Parties also have the obligation to take appropriate measures with the aim of sharing the benefits derived from their use. This is one of the three fundamental objectives of the Convention.

Genetic resources whether from plant, animal or micro-organisms may be used for different purposes (e.g. basic research, commercialisation of products). Users of genetic resources may include research institutes, universities and private companies operating in various sectors such as pharmaceuticals, cosmetics, agriculture, horticulture and biotechnology.

Benefits derived from genetic resources may include the result of research and development carried out on genetic resources, the transfer of technologies which make use of those resources, participation in biotechnological research activities, or monetary benefits arising from the commercialisation of products based on genetic resources. One example of monetary benefits could be the sharing of royalties arising from patented products based on genetic resources.

At its fifth meeting, in 2000, the Conference of the Parties established the Ad Hoc Open-ended Working Group on Access and Benefit-sharing (a subsidiary body of the Conference of the Parties) with the mandate to develop guidelines and other approaches to assist Parties with the implementation of the access and benefit-sharing provisions of the Convention.

The Bonn Guidelines on Access to Genetic Resources and Fair and Equitable Sharing of the Benefits Arising out of their Utilization were adopted in 2002 to assist Parties when establishing administrative, legislative or policy measures on access and benefit-sharing and/or when negotiating contractual arrangements for access to genetic resources and benefit-sharing.

Further to the call for action by Governments at the World Summit on Sustainable Development in 2002, the Conference of the Parties mandated the Working Group on ABS to elaborate and negotiate an international regime on access to genetic resources and benefit-sharing with the aim of adopting an instrument/instruments to effectively implement the provisions in Article 15 and 8(j) of the Convention and the three objectives of the Convention.

At its eighth meeting, the Conference of the Parties extended the mandate of the Working Group and requested it to complete its work as soon as possible and in any case no later than 2010. Co-chairs were designated to lead the process: Tim Hodges from Canada and Fernando Casas from Colombia.

It was further decided that two meetings of the Working Group on ABS will be held prior to the ninth meeting of the Conference of the Parties:

The Ad Hoc Open-ended Working Group on Access and Benefit-sharing held its fifth meeting in Montreal, Canada, from 8 to 12 October 2007, and its sixth meeting in Geneva, Switzerland, from 21 to 25 January 2008. In line with decision VIII/4 of the eighth meeting of the Conference of the Parties, the Working Group continued the elaboration and negotiation of the international regime on access and benefit-sharing. Recommendations to the ninth meeting of the Conference of the Parties on the way forward are included in the report of the sixth meeting. Click here for the respective reports of the fifth and sixth meeting.

At its ninth meeting, in May 2008, by decision IX/12, the Conference of the Parties agreed on a roadmap to complete the elaboration and negotiation of the international regime on access and benefit-sharing before the tenth meeting of the Conference of the Parties. The Conference of the Parties further agreed on the text which shall provide the basis for the future elaboration and negotiation of the international regime (see annex I to the decision IX/12). In order to complete this process, the COP decided that the Working Group on ABS should meet three times prior to its tenth meeting. In addition, in order to assist the Working Group on ABS, the COP decided to establish three distinct groups of technical and legal experts on (i) compliance; (ii) concepts, terms, working definitions and sectoral approaches; and (iii) traditional knowledge associated with genetic resources. These expert groups shall provide legal and, as appropriate, technical advice, including, where appropriate, options and/or scenarios to the Working Group on ABS.

Click here for more information on the Working Group on ABS.