One of the three fundamental objectives of the Convention on Biological Diversity, as set out in its Article 1, is the: “fair and equitable sharing of the benefits arising out of the utilization of genetic resources, including by appropriate access to genetic resources and by appropriate transfer of relevant technologies, taking into account all rights over those resources and to technologies, and by appropriate funding”. A framework for the implementation of this third objective of the Convention with regard to access to genetic resources and benefit-sharing (ABS) is provided in Article 15 of the Convention.
The Nagoya Protocol on Access and Benefit-sharing is a new international treaty that builds on and supports the implementation of the CBD, in particular one of its three objectives, the fair and equitable sharing of benefits arising from the utilization of genetic resources. The Nagoya Protocol is a landmark agreement in the international governance of biodiversity and is relevant for a variety of commercial and non-commercial sectors involved in the use and exchange of genetic resources.
This course will provide an introduction to ABS and the Nagoya Protocol
Genetic resources are the raw ingredients for innovation in medicine, biotechnology, cosmetics, food and beverages, and more. The Nagoya Protocol is a global agreement that calls for the fair and equitable sharing of benefits from the utilization of genetic resources between those who use them and those that provide them. It aims to promote research and innovation on genetic resources while building incentives for their conservation and sustainable use for the benefit of development and human well-being.
Following the entry into force of the Nagoya Protocol in October 2014, many countries are now actively engaged in making the Protocol operational. An early challenge in the Protocol’s implementation is building the necessary capacity to enable countries to establish new or amend existing domestic ABS legislative, administrative and policy measures. Each country will need to define its own approach tailored to its own needs and priorities.
The International Development Law Organization (IDLO) and the Secretariat of the Convention on Biological Diversity (SCBD), with funding from the Japan Biodiversity Fund, have developed a series of e-learning modules to support the implementation of the Nagoya Protocol. This course covers key themes and presents the latest knowledge available related to the establishment of domestic ABS legislative, administrative and policy measures. It is designed to build the capacity of lawyers and policy officers actively involved in designing and implementing domestic access and benefit-sharing frameworks or advising on national processes to implement the Nagoya Protocol.
WHO IS THIS COURSE FOR?
The course is designed to build the capacity of lawyers and policy officers actively involved in designing and implementing domestic frameworks or advising on national processes to implement the Nagoya Protocol.
WHAT WILL YOU LEARN?
The course will introduce participants to the core requirements of the Nagoya Protocol, key considerations for the design and implementation of ABS frameworks, and the options available based on country experiences and lessons learned.
The course will introduce participants to the core requirements of the Nagoya Protocol, key considerations for the design and implementation of ABS frameworks, and the options available based on country experiences and lessons learned. After the course, participants will be able to provide advice on actions and approaches to move forward national processes to build legislative and regulatory frameworks to support implementation of the Nagoya Protocol. In particular, at the end of the course, participants will be able to:
- describe the concept of ABS, its formulation under the Nagoya Protocol;
- outline the variety of ABS policy objectives and identify legal options to achieve these policies;
- identify key elements of the Protocol and the legal approaches taken by countries to date, and options available, to operationalize these elements; advise on actions that can be taken to facilitate effective legal drafting and inclusive stakeholder consultation processes;
- elaborate legal roadmaps focusing on the situation in their own countries and regions that outline priority actions to be taken to advance national legislative and regulatory processes to implement the Protocol.