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Perspectives on Neuroscience
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Access and benefit sharing--The perspective of basic research.

Erwin Beck1

  • 1University of Bayreuth, Department of Plant Physiology, Universitätsstr. 30, Bayreuth D 95440, Germany.

Phytomedicine : International Journal of Phytotherapy and Phytopharmacology
|December 4, 2018
PubMed
Summary
This summary is machine-generated.

Access to genetic resources (GR) and digital sequence information is complex due to the Nagoya Protocol. Basic research faces challenges, requiring due diligence and mutual trust for compliance.

Keywords:
Access and benefit sharingBenefits (commercial, non-commercial)Convention on biological diversity, EcuadorNagoya protocol to the CBD, Genetic resources, Traditional knowledge, Research (basic, applied, research and development)

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Area of Science:

  • Biodiversity research
  • Environmental law
  • Biotechnology regulation

Background:

  • The Convention on Biological Diversity (CBD) establishes national ownership of biological resources (GR).
  • Research utilizing GR is defined as 'use' under CBD, creating access and benefit-sharing complexities.
  • Derivatives of GR also fall under national ownership claims.

Purpose of the Study:

  • To analyze the implications of the Nagoya Protocol (NP) on basic, non-profit biodiversity research.
  • To highlight the challenges in accessing genetic resources and digital sequence information for academic research.
  • To underscore the importance of compliance and due diligence for researchers.

Main Methods:

  • Analysis of the Convention on Biological Diversity (CBD) and its Nagoya Protocol (NP).
  • Examination of legal interpretations regarding access to genetic resources for research.
  • Review of regulatory requirements for researchers, including due diligence.

Main Results:

  • The Nagoya Protocol aims for simplified access for non-commercial research, but consensus on 'simplified measures' is lacking.
  • Access negotiations for basic research remain ad-hoc, dependent on national authorities ('Focal Points').
  • EU regulations mandate due diligence declarations for researchers to ensure compliance.

Conclusions:

  • Legal uncertainties persist regarding access to genetic resources and digital sequence information.
  • Mutual trust and adherence to legal commitments are crucial for navigating Access and Benefit-Sharing (ABS) challenges in basic research.