1 / 10

Session 12

Session 12 Same Pre-assigned room, groups and Chair & Rapporteurs as in session 6. Time to reconsider report of Session 6 Workshop goals AHTEGs: they have to decide if research needs a different approach… in that case, why & how?. Decision VI/24 8.c.

jenny
Download Presentation

Session 12

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Session 12 • Same Pre-assigned room, groups and Chair & Rapporteurs as in session 6. • Time to reconsider report of Session 6 • Workshop goals • AHTEGs: they have to decide if research needs a different approach… in that case, why & how?

  2. Decision VI/24 8.c Measures, including consideration of their feasibility, practicality and costs, to support compliance with prior informed consent of the Contracting Party providing such resources and mutually agreed terms on which access was granted in Contracting Parties with users of genetic resources under their jurisdiction;

  3. Have in mind, that… • If this issue of compliance is solved… • Would there be any problem for accessing genetic resources for non-commercial research?

  4. QUESTIONS 1 & 2 1.- Identify and describe the characteristics ofaccess and benefit-sharing arrangements for non-commercial research? [ Can they lead to special standardized PICs, MATs, MTAs and typical BSs ? ] 2.- What kind of voluntary measures are available to enhance compliance of users of foreign genetic resources? [Scientific standards: internalising ABS as part of the scientific ethics/ideology; Codes of conduct; standard MTAs, letters of guarantee, institutional involvement, curation, funding agencies conditioning, certfication, scientific publication standards, institutional mission statement by research institutions & funding agencies… ]

  5. Question 3 3.- Non-commercial biodiversity research produces information resources (e.g., publications and databases) and infrastructure (e.g., museum collections and cell lines), that can then be used for subsequent non-commercial and commercial research. With this in mind, what particular compliance measures are needed for research with non-commercial intent? How could these measures address challenges arising from: (1) changes in intent and/or users, and (2) non-compliance with relevant access and benefit-sharing legislation and/or mutually agreed terms?

  6. Group of Technical and Legal Experts on Compliance in the context of the International Regime on Access and Benefit-sharing 27 - 30 January 2009Tokyo, Japan

  7. The expert group will address the following questions: (a) What kind of measures are available, or could be developed, in public and private international law to: (i) Facilitate, with particular consideration to fairness and equity, and taking into account cost and effectiveness: a) Access to justice, including alternative dispute resolution; b) Access to courts by foreign plaintiffs; (ii) Support mutual recognition and enforcement of judgments across jurisdictions; and (iii) Provide remedies and sanctions in civil, commercial and criminal matters; in order to ensure compliance with national access and benefit-sharing legislation and requirements, including prior informed consent, and mutually agreed terms; (b) What kind of voluntary measures are available to enhance compliance of users of foreign genetic resources; (c) Consider how internationally agreed definitions of misappropriation and misuse of genetic resources and associated traditional knowledge could support compliance where genetic resources have been accessed or used in circumvention of national legislation or without setting up of mutually agreed terms; (d) How could compliance measures take account of the customary law of indigenous and local communities? (e) Analyse whether particular compliance measures are needed for research with non-commercial intent, and if so, how these measures could address challenges arising from changes in intent and/or users, particularly considering the challenge arising from a lack of compliance with relevant access and benefit-sharing legislation and/or mutually agreed terms.

  8. (b) What kind of voluntary measures are available to enhance compliance of users of foreign genetic resources; (e) Analyse whether particular compliance measures are needed for research with non-commercial intent, and if so, how these measures could address challenges arising from changes in intent and/or users, particularly considering the challenge arising from a lack of compliance with relevant access and benefit-sharing legislation and/or mutually agreed terms.

  9. Relation to the report (sign-up sheet outside): 4.- What different approaches to ABS agreements should be considered for non-commercial research? (6, 8, 9, 11 and 12) Christoph Häuser 6.- How could changes of intent and use from non-commercial to commercial research be handled? (session 5, 10, 11, 12) Karin Holm-Müller 7.- What voluntary and other compliance measures for non-commercial research could be envisaged? (session 11 and 12) China Williams

More Related