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The Japanese Guidelines on Access to and Benefit-sharing of Genetic Resources for Users. 27 and 28 November 2006, Costa Rica Seizo Sumida. Japan Bioindustry Association.

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slide1

The Japanese Guidelines on Access to and Benefit-sharing of Genetic Resources for Users

27 and 28 November 2006, Costa Rica

Seizo Sumida

japan bioindustry association
Japan Bioindustry Association
  • A nonprofit organizationdedicated to the promotion of bioscience, biotechnology and bioindustry in both Japan and the rest of the world.
  • Created by the support of industry, academia and government in1942.
  • Only organizationof its kind in Japan .
  • Members :240major companies from many industrial sectors,90public institutes and1,230individuals from academia, industry and public sectors.
slide3

Background

Japan ratified the CBD in 1993.2. Ministry of Economy, Trade and Industry (METI) is a National Competent Authority for ABS.3. Japan Bioindutry Association (JBA) has been implementing CBD-related projects on behalf of METI, since 1993.

slide4

Background, continued

4. Implementation of the Bonn Guidelines: JBA organized public seminars throughout Japan for industry users in 2002-2003.5. Users Suggestions: the Bonn Guidelines are too general for users, & could be made more useful for practical purposes.6. Need for Practicality: METI and JBA decided to develop ‘user-specific guidelines’ based on CBD and the Bonn Guidelines.

slide5

Lessons learned

Pragmatism:

Providing ‘Practical Tools’ is

as important as providing

Principles.

slide6

METI-JBA’s

Being disseminated since 1 April 2005by public Seminars in Major Cities in Japan

‘Guidelines on ABS

for Users in Japan’

slide7

Target of the Guidelines

Industry

&

Academia

meti jba s additional services for users

METI & JBA’s Additional Services for Users

1. Information Service:

CBD-related Laws & Regulationin Overseas Countries (http://mabs.jp/)

2. Help Desk:

To help users resolve their problems

additional services for users continued
Additional Services for Users, continued

3. Bilateral Workshops and Visits with Other Governments

  • Information exchange: on the national policy, laws and regulatory system with potential partner countries
  • Mutual understanding of respective national situations
slide10

The Principles of CBD and the Bonn Guidelines

Country Providing GR

Japan

Government

PIC

National Laws, Measures, etc

Contract Conclusion

Support by JBA & METI

Users of

GR

GR Providers

& Relevant Parties

PIC

Laws, Practices, etc

MAT

Contract Execution

Dispute Resolution

Structure of

the Guidelines on ABS for Users in Japan

gray areas
Gray Areas

1. General

  • What is Genetic Resource?
  • What is Traditional Knowledge?
  • Who are Indigenous People?
  • How to prove Country of Origin?

2. Specific

  • Unconventional use of Commodities
  • Microorganisms that grow on imported

materials

  • Others
solution
Solution

The Japan’s Guidelines say:

  • Follow the national laws and measures of the providing country under consideration.
  • If ABS law is not in place in that country, develop agreement in light of CBD and the Bonn Guidelines, and have it authorized by its government.
solution continued
Solution, continued

Create a streamlined procedure by bilateral arrangement:

For example,

  • Use of ‘Commodity’ for unconventional purposes
supply chain of commodities
Supply Chain of Commodities

Companies (Food, Cosmetics, Perfume, etc)

Intermediate

Traders

Intermediate

Manufactures

Source Country

Specialized

Wholesalers

Import Traders

Export Traders

Suppliers

Government

what would you suggest
What would you suggest?

Examples:

  • Microorganisms that grow on imported

materials (e.g. sweet potato)

  • Microorganisms in traditional fermented foods
  • Genetic samples that are brought in by an overseas client for custom analysis
future direction
Future Direction
  • Users of genetic resources tend to look for prompt clarification.
  • However, consensus building on ‘definitions’ in a multi-lateral forum is a slow process.
  • A practical approach may be to keep accumulating successfully arranged cases.