bonn guidelines
TRANSCRIPT
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And the Fair and Equitable Sharing of Benefits
Bonn Guidelines On Access to GeneticResources
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Agenda
BonnGuidelineson Access to
GeneticResourcesand the FairandEquitableSharing of
Benefits
Introduction Objectives Roles and Responsibilities
National focal point Competent National Authority Responsibilities
Participation of Stake holders
Steps involved in Access and BenefitSharing Process Overall strategy Identification of steps Prior Informed consent
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Agenda
BonnGuidelineson Access to
GeneticResourcesand the FairandEquitableSharing of
Benefits
Benefit sharing
Types
TimingDistribution
Settlement of Disputes
Monitoring
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Bonn Guidelines
Introduction
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What is Bonn Guidelines
Assist parties, Government and stakeholdersto develop Access Benefit Strategy
Identifying the steps involved in the process of
obtaining access to genetic resources andbenefit-sharing
Helps in establishing policies and law
regarding the usage of biological resources.
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Bonn Guideline
Voluntary nature
Ease of use
Practicality
Acceptability
Complementarity
Evolutionary approach
Flexibility
Transparency
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Objectives
To contribute to the conservation andsustainable use of biological diversity
To provide Parties and stakeholders with a
transparent framework to facilitate access togenetic resources and ensure fair andequitable sharing of benefits
To provide guidance to Parties in thedevelopment of access and benefit sharingregimes
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Objectives
To inform the practices and approaches ofstakeholders (users and providers) in accessand benefit-sharing arrangements
To provide capacity-building to guarantee theeffective negotiation and implementation ofaccess and benefit-sharing arrangements,especially to developing countries, in particularleast developed countries and small islanddeveloping States among them
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Objectives
To promote awareness on implementation ofrelevant provisions of the Convention onBiological Diversity
To promote the adequate and effective transferof appropriate technology to providing Parties,especially developing countries, in particularleast developed countries and small islanddeveloping States among them, stakeholdersand indigenous and local communities
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Objectives
To promote the provision of necessaryfinancial resources to providing countries thatare developing countries, in particular least
developed countries and small islanddeveloping States among them, or countrieswith economies in transition with a view tocontributing to the achievement of theobjectives mentioned above
To strengthen the clearing-house mechanismas a mechanism for cooperation amongParties in access and benefit-sharing
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Objectives
To contribute to the development by Parties ofmechanisms and access and benefit-sharingregimes that recognize the protection of traditionalknowledge, innovations and practices of
indigenous and local communities, in accordancewith domestic laws and relevant internationalinstruments
To contribute to poverty alleviation and be
supportive to the realization of human foodsecurity, health and cultural integrity, especially indeveloping countries, in particular least developedcountries and small island developing States
among them
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Structure
Bonn Guidelines
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National Focal Point
Roles andResponsibility
Each Party should designate one nationalfocal point for access and benefit sharingand make such information availablethrough the clearing-house mechanism.The national focal point should informapplicants for access to geneticresources on procedures for acquiringprior informed consent and mutually
agreed terms, including:benefit-sharing, and on competentnational authorities, relevant indigenousand local communities and relevantstakeholders, through the clearing-house
mechanism.
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Competent National Authority
Roles andResponsibility
Competent national authorities,where they are established, may, inaccordance with applicable national
legislative, administrative or policymeasures, be responsible forgranting access and other
responsibilities
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Responsibilities
Roles andResponsibility
Contracting Parties which arecountries of origin of geneticresources, or other Parties which
have acquired the geneticresources in accordance with theConvention and all the guidelines
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Participation of Stake holders
Participationof Stakeholders
Involvement of relevantstakeholders is essential to ensurethe adequate development and
implementation of access andbenefit-sharing arrangementsHowever, due to the diversity of
stakeholders and their diverginginterests, their appropriateinvolvement can only be determinedon a case-by-case basis
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Participation of Stake holders
Relevant stakeholders should be consultedand their views taken into consideration ineach step of the process, including:
(a) When determining access, negotiating andimplementing mutually agreed terms, and in thesharing of benefits
(b) In the development of a national strategy,policies or regimes on access and benefit-sharing.
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Participation of Stake holders
To facilitate the involvement of relevantstakeholders, including indigenous and localcommunities, appropriate consultative
arrangements, such as national consultativecommittees, comprising relevant stakeholderrepresentatives, should be made.
Legal advice should be provided to ensureinvolvment
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Overall Strategy
Stepsinvolved inAccess andBenefit
SharingProcess
Access and benefit-sharing systemsshould be based on an overallaccess and benefit-sharing strategy
at the country or regional level. Thisaccess and benefit-sharing strategyshould aim at the conservation andsustainable use of biological
diversity, and may be part of anational biodiversity strategy andaction plan and promote theequitable sharing of benefits.
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Identification Of Steps
Stepsinvolved inAccess andBenefit
SharingProcess
The steps involved in the process ofobtaining access to geneticresources and sharing of benefits
may include activities prior toaccess, research and developmentconducted on the genetic
resources, as well as theircommercialization and other uses,including benefit-sharing.
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Prior Informed Consent
Stepsinvolved inAccess andBenefit
SharingProcess
Legal certainty and clarity;
Access to genetic resources should befacilitated at minimum cost;
Restrictions on access to geneticresources should be transparent, basedon legal grounds, and not run counter tothe objectives of the Convention;
Consent of the relevant competentnational authority in the provider country.The consent of relevant stakeholders,such as indigenous and localcommunities, as appropriate to thecircumstances and subject to domesticlaw, should also be obtained.
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Elements of Prior Consent
Stepsinvolved inAccess andBenefit
SharingProcess
Competent authority granting orproviding for evidence of priorinformed consent
Timing and deadlines
Specification of use;
Procedures for obtaining prior
informed consent; Mechanism for consultation of relevant
stakeholders;
Process.
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Types of Benefit Sharing
BenefitSharing
Mutually agreed terms could coverthe conditions, obligations,procedures, types, timing,
distribution and mechanisms ofbenefits to be shared. These willvary depending on what is regarded
as fair and equitable in light of thecircumstances
Monetary and non monetarybenefits
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Monetary benefits
BenefitSharing
Access fees/fee per sample collected or otherwiseacquired;
Up-front payments;
Milestone payments;
Payment of royalties; License fees in case of commercialization
Special fees to be paid to trust funds supportingconservation and
sustainable use of biodiversity;
Salaries and preferential terms where mutuallyagreed;
Research funding;
Joint ventures;
Joint ownership of relevant intellectual propertyrights.
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Non Monetary benefits
BenefitSharing
Sharing of research and developmentresults;
Collaboration, cooperation andcontribution in scientific research anddevelopment programmes, particularlybiotechnological research activities,where possible in the provider country;
Participation in product development;
Collaboration, cooperation andcontribution in education and training; Admittance to ex situ facilities of
genetic resources and to databases;
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Timing of benefits
Benefitsharing
Near-term, medium-term and long-term benefits should be considered,including up-front payments,
milestone payments and royalties.The time-frame of benefit-sharingshould be definitely stipulated.
Furthermore, the balance amongnear-term, medium-term and long-term benefit should be consideredon a case-by-case basis.
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Distribution of Benefits
BenefitSharing
Pursuant to mutually agreed termsestablished following prior informedconsent, benefits should be sharedfairly and equitably with all those who
have been identified as havingcontributed to the resourcemanagement, scientific and/orcommercial process. The latter mayinclude governmental, non-
governmental or academic institutionsand indigenous and localcommunities. Benefits should bedirected in such a way as to promoteconservation and sustainable use ofbiological diversity.
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Settlement Of Disputes
BenefitSharing
As most obligations arising under mutuallyagreed arrangements will be between providersand users, disputes arising in thesearrangements should be solved in accordancewith the relevant contractual arrangements on
access and benefit sharing and the applicablelaw and practices.
In cases where the access and benefit-sharingagreements consistent with the Convention onBiological Diversity and national legalinstruments of the country of origin of geneticresources have not been complied with, theuse of sanctions could be considered, such aspenalty fees set out in contractual agreements.
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National Level and Reporting
Monitoring Whether the use of genetic resources is
in compliance with the terms of accessand benefit-sharing
Research and development process; Applications for intellectual property rights
relating to the material supplied
The involvement of relevant stakeholders,in particular, indigenous and localcommunities, in the various stages ofdevelopment and implementation ofaccess and benefit-sharing arrangementscan play an important role in facilitatingthe monitoring of compliance.
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Means Of Verification
Monitoring Voluntary verification mechanisms could be
developed at the national level to ensurecompliance with the access and benefit-sharingprovisions of the Convention on BiologicalDiversity and national legal instruments of the
country of origin providing the geneticresources
A system of voluntary certification could serveas a means to verify the transparency of theprocess of access and benefit-sharing. Such asystem could certify that the access andbenefit-sharing provisions of the Convention onBiological Diversity have been complied with.
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SCD
NIPRISAN
Rev.Ogunyale
Sickle Cell Disorder patients withherbal medicines
Sub Saharan African region
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NIPRD
NIPRISAN Professor Wambebe
Dr. Hitherto
traditional health practitioners
WIPO
NIPRD legal advisor helped inmaking the contract
XECHEM
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Benefits Sharing
NIPRISAN 7.5% of the total sales
$ 115 million Good faith payment
Manufacturing Facility in Africa
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THANK YOU