National implementation of the Convention on Biological Diversity (CBD) provisions has yielded enough challenges for providers and users of genetic resources and associated traditional knowledge alike. The Nagoya Protocal brings novel ideas for resolving the challenges plaguing the Access and Benefit-Sharing (ABS) process in general and non-commercial research in particular. This is one of the first books to address research cooperation and facilitated access for non-commercial biodiversity research. It uniquely offers concrete and practicable solutions based on experiences of researchers and administrative officials with ABS, and on the interpretation of the Nagoya Protocol on how free and lively taxonomic research can be ensured while at the same time observing obligations of obtaining prior informed consent and sharing of benefits.
This book will be useful to students of International Environmental Law, International Biodiversity Law, Intellectual Property Law, Climate Law and Law of Indigenous Populations.
With foreword from Executive Secretary CBD, Braulio Ferreira de Souza Dias.
Table of Contents
Introduction: 1. Spurring research and development under ABS conditions Evanson Chege Kamau, Peter-Tobias Stoll, Gerd Winter Part 1 International Legal Framework 2. Defining commercial and non-commercial Research and Development under the Nagoya Protocol and in other contexts Caroline v. Kries, Gerd Winter 3. Research and Development under the Convention on Biological Diversity and the Nagoya Protocol Evanson Chege Kamau 4. Harmonising ABS conditions under the CBD/NP and UNCLOS regimes. The case of marine microorganisms Caroline v. Kries and Gerd Winter Part 2 Exemplary National Legal Frameworks 5. Research on genetic resources in the framework of the Brazilian ABS law Carlos Alberto Pittaluga Niederauer, Manuela da Silva 6. Research on genetic resources in the framework of the Indonesian ABS law Siti Nuramaliati Priono 7. Research on genetic resources and indigenous knowledge in the framework of the Kenyan ABS law: Experiences and opportunities Veronica Kimutai, Edwardina O. Ndhine, Kavaka Mukonyi Watai 8. Research on genetic resources in the framework of the Ethiopian ABS law Gemedo Dalle 9. Research on genetic resources in Latin America and the Caribbean (LAC): Perspectives for facilitated access Mónica Ribadeneira Sarmiento 10. Research on genetic resources in the framework of the Ecuadorian ABS law Maria Victoria Cabrera Part 3 Experiences of Research Projects for Non-commercial Purposes with ABS 11. Experiences in international ecological/biological research Erwin Beck 12. Experiences in accessing biological resources for non-commercial research: Results of an informal survey in Switzerland Susette Biber-Klemm and Sylvia I. Martinez 13. Local scientist’s experience with authorisation process in Kenya: Need for facilitation Hamadi Boga 14. Researcher’s experiences in ecosystem research: A case study of Indonesia Wolfram Lorenz Part 4 Good Practice and Legislative Options 15. Ex situ collections of plants and how they adjust to ABS conditions Susette Biber-Klemm, Kathryn Davis, Laurent Gautier and Sylvia Martinez 16. Ex situ collections of microbes and how they adjust to ABS conditions Dagmar Fritze and André Oumard 17. Biodiversity knowledge commons and sharing of research results with providers in East Africa Fabian Haas 18. Model agreements on ABS for non-commercial research and development Evanson Chege Kamau 19. Guidelines for funding of non-commercial research and development Peter-Tobias Stoll 20. Points to consider for national legislation on ABS Gerd Winter Part 5 Synthesis and conclusions 21. Public domain R&D in the context of ABS. A case for facilitated access? Synthesis and conclusions Evanson Chege Kamau, Peter-Tobias Stoll and Gerd Winter Appendix: Model access agreement for marine microbial resources: Text and commentary Caroline v. Kries, Arianna Broggiato, Tom Dedeurwaerdere, Gerd Winter
Evanson Chege Kamau is Senior Researcher in the Research Centre for European Environmental Law (FEU) at the University of Bremen, Germany.
Gerd Winter is Co-Director of the Research Centre for European Environmental Law (FEU) at the University of Bremen, Germany.
Peter-Tobias Stoll is Professor of Public International Law in the Institute for International Law and European Law, Department for International Economic Law and Environmental Law, at the Georg-August-Universität Göttingen, Germany.