Technology Transfer of Aquatic Genetic Resources Under the Convention on Biological Diversity and Nagoya Protocol


Book Description

Aquatic genetic resources are one of the last frontiers for bioprospecting and an important resource for global food security. Genetic resources within national jurisdiction are presently governed by a complex matrix of access and benefit sharing regimes including the United Nations' Convention on Biological Diversity (CBD) and Nagoya Protocol as well as patent laws under the World Trade Organisation's Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS). This article identifies the legal uncertainties for discharging technology transfer obligations that are shared by all three instruments, including the scope of derivatives falling within the obligations, the scope of 'use' along the research to commercialisation continuum and extraterritorial complexities. This article provides an insight into how a TRIPS-compliant patent defence framework can be used to interpret and clarify technology transfer obligations under the CBD and the Nagoya Protocol. Given that developing countries provide the majority of the world's aquaculture product, the need for a consistent approach to 'fair and equitable' technology transfer under patent and ABS regimes will become increasingly important as patents start to take hold in aquaculture.




Research and Development on Genetic Resources


Book Description

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.







Access and Benefit-sharing in Global Aquaculture


Book Description

This is an open access title available under the terms of a CC BY-NC-ND 4.0 License. It is free to read, download and share on Elgaronline.com. This illuminating book incisively surveys the complex legal regime of access and benefit-sharing in key aquaculture countries. With an international focus spanning countries across Africa, Asia, Europe and South America, the authors explore the application of international legal standards and how these translate into domestic measures.




The State of the World’s Aquatic Genetic Resources for Food and Agriculture


Book Description

The conservation, sustainable use and development of aquatic genetic resources (AqGR) is critical to the future supply of fish. The State of the World’s Aquatic Genetic Resources for Food and Agriculture is the first ever global assessment of these resources, with the scope of this first Report being limited to cultured AqGR and their wild relatives, within national jurisdiction. The Report draws on 92 reports from FAO member countries and five specially commissioned thematic background studies. The reporting countries are responsible for 96 percent of global aquaculture production. The Report sets the context with a review of the state of world’s aquaculture and fisheries and includes overviews of the uses and exchanges of AqGR, the drivers and trends impacting AqGR and the extent of ex situ and in situ conservation efforts. The Report also investigates the roles of stakeholders in AqGR and the levels of activity in research, education, training and extension, and reviews national policies and the levels of regional and international cooperation on AqGR. Finally, needs and challenges are assessed in the context of the findings from the data collected from the countries. The Report represents a snapshot of the present status of AqGR and forms a valuable technical reference document, particularly where it presents standardized key terminology and concepts.










Access and Benefit Sharing of Genetic Resources, Information and Traditional Knowledge


Book Description

Addressing the management of genetic resources, this book offers a new assessment of the contemporary Access and Benefit Sharing (ABS) regime. Debates about ABS have moved on. The initial focus on the legal obligations established by international agreements like the United Nations Convention on Biological Diversity and the form of obligations for collecting physical biological materials have now shifted into a far more complex series of disputes and challenges about the ways ABS should be implemented and enforced. These now cover a wide range of issues, including: digital sequence information, the repatriation of resources, technology transfer, traditional knowledge and cultural expressions, open access to information and knowledge, naming conventions, farmers’ rights, new schemes for accessing pandemic viruses sharing DNA sequences, and so on. Drawing together perspectives from an interdisciplinary range of leading and emerging international scholars, this book offers a new approach to the ABS landscape; as it breaks from the standard regulatory analyses in order to explore alternative solutions to the intractable issues for the Access and Benefit Sharing of genetic resources. Addressing these modern legal debates from a perspective that will appeal to both ABS scholars and those with broader legal concerns in the areas of intellectual property, food, governance, Indigenous issues, and so on, this book will be a useful resource for scholars and students as well as those in government and in international institutions working in relevant areas.