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28. Access and Benefit Sharing under the CBD and Access to Materials for Research
Pages 201-208

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From page 201...
... I work for the International Institute for Sustainable Development, which is a green policy think tank in Canada. We have a branch called reporting services, and the people in that branch monitor all multilateral environmental negotiations on the international level and write daily reports, called the Earth Negotiations Bulletin, of what is happening in these negotiations.
From page 202...
... At the same time, the pressure to adopt something in 2010 is very strong. For the CBD, 2010 will be the International Year of Biodiversity, and the CBD has an objective to significantly reduce the rate of biodiversity loss, so it might happen that a very broad declaration or framework agreement may be adopted, but there is sure to be an ongoing process afterwards.
From page 203...
... For them, the idea has been that this resource will become part of our national income, and increasingly, as the intellectual property rights agenda has developed under the TRIPS agreement, the developing countries have seen it as a way to counterbalance what is sometimes called the "voracious appetites of intellectual property rights (IPRs) " -- the trend to protect products of genetic resources through patents, which restricts access to those products, and sometimes even restricts traditional uses of genetic resources, for example as traditional medicines.
From page 204...
... It also resembles very clearly the blockbuster phenomenon -- that the developing countries expect that they have something extremely valuable in their biological materials, and they do not want to miss out on benefiting from that. The potential value of such materials is overestimated.
From page 205...
... It is clear that this will not just be about access to journal articles or that type of information, but there would also be a type of technology transfer if the results of research are other products that can be used as basis for further research. There is a clause concerning participation in research activities and joint activities, which is fairly uncontested at the moment.
From page 206...
... Another idea is that research funding agencies should specify what ABS legislation must be followed when the projects are funded. A very big issue has always been the question of disclosure requirements, both in material transfer agreements and in patent applications on downstream innovations.
From page 207...
... DR. JUNGCURT: There is no precise definition of bio-piracy, but it is on the list of things that the developing countries want to control.


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