An Access and Benefit-Sharing Commons? The Role of Commons/Open Source Licences in the International Regime on Access to Genetic Resources and Benefit-Sharing

2009 ◽  
Author(s):  
Paul D. Oldham
Keyword(s):  
Genetic Resources ◽  
Open Source ◽  
Benefit Sharing ◽  
International Regime ◽  
Access And Benefit Sharing

scholarly journals An open-source GIS-enabled lookup service for Nagoya Protocol party information

Database ◽  
2020 ◽  
Vol 2020 ◽  
Author(s):  
Hendrikje Seifert ◽  
Marc Weber ◽  
Frank Oliver Glöckner ◽  
Ivaylo Kostadinov
Keyword(s):  
Data Management ◽  
Genetic Resources ◽  
Open Source ◽  
Scientific Data ◽  
Research Data ◽  
Benefit Sharing ◽  
Cloud Infrastructure ◽  
Clearing House ◽  
Access And Benefit Sharing ◽  
Nagoya Protocol

Abstract The Nagoya Protocol on Access and Benefit Sharing is a transparent legal framework, which governs the access to genetic resources and the fair and equitable sharing of benefits arising from their utilization. Complying with the Nagoya regulations ensures legal use and re-use of data from genetic resources. Providing detailed provenance information and clear re-usage conditions plays a key role in ensuring the re-usability of research data according to the FAIR (findable, accessible, interoperable and re-usable) Guiding Principles for scientific data management and stewardship. Even with the framework provided by the ABS (access and benefit sharing) Clearing House and the support of the National Focal Points, establishing a direct link between the research data from genetic resources and the relevant Nagoya information remains a challenge. This is particularly true for re-using publicly available data. The Nagoya Lookup Service was developed for stakeholders in biological sciences with the aim at facilitating the legal and FAIR data management, specifically for data publication and re-use. The service provides up-to-date information on the Nagoya party status for a geolocation provided by GPS coordinates, directing the user to the relevant local authorities for further information. It integrates open data from the ABS Clearing House, Marine Regions, GeoNames and Wikidata. The service is accessible through a REST API and a user-friendly web form. Stakeholders include data librarians, data brokers, scientists and data archivists who may use this service before, during and after data acquisition or publication to check whether legal documents need to be prepared, considered or verified. The service allows researchers to estimate whether genetic data they plan to produce or re-use might fall under Nagoya regulations or not, within the limits of the technology and without constituting legal advice. It is implemented using portable Docker containers and can easily be deployed locally or on a cloud infrastructure. The source code for building the service is available under an open-source license on GitHub, with a functional image on Docker Hub and can be used by anyone free of charge.

scholarly journals The Nagoya Protocol and Indigenous Peoples

2016 ◽  
Vol 7 (2) ◽  
Author(s):  
Maria Yolanda Teran
Keyword(s):  
Genetic Resources ◽  
Traditional Knowledge ◽  
Indigenous Peoples ◽  
Local Communities ◽  
Benefit Sharing ◽  
Access And Benefit Sharing ◽  
Nagoya Protocol ◽  
Equitable Sharing ◽  
Mother Earth

This article is about Indigenous peoples’ involvement in the Nagoya Protocol negotiations from 2006 to 2010, as well as in its implementation to stop biopiracy in order to protect Pachamama, Mother Earth, and to ensure our survival and the survival of coming generations. The Nagoya Protocol is an international instrument that was adopted in Nagoya, Japan in October 2010 by the Conference of Parties (COP 10) and ratified by 51 countries in Pyeongchang, South Korea in October 2014 at COP 12. This protocol governs access to genetic resources and the fair and equitable sharing of benefits arising from their utilization (access and benefit sharing [ABS]). It has several articles related to Indigenous peoples and traditional knowledge, as well as: The interrelation and inseparable nature between genetic resources and traditional knowledge; The diversity of circumstances surrounding traditional knowledge ownership, including by country; The identification of traditional knowledge owners; The declaration of Indigenous peoples' human rights; and The role of women in the biodiversity process. In addition, this protocol lays out obligations on access, specifically participation in equitable benefit sharing, the accomplishment of prior and informed consent, and the mutually agreed terms and elaboration of a national legal ABS framework with the participation of Indigenous peoples and local communities in order to have well-defined roles, responsibilities, and times of negotiations.

scholarly journals ACCESS AND BENEFIT SHARING UNDER NAGOYA PROTOCOL AND SUSTAINABLE DEVELOPMENT: A CRITICAL ANALYSIS

2015 ◽  
Vol 9 (3) ◽  
pp. 38-45
Author(s):  
STELLINA JOLLY
Keyword(s):  
Sustainable Development ◽  
Genetic Resources ◽  
Biological Diversity ◽  
Environmental Law ◽  
Developing Nations ◽  
Benefit Sharing ◽  
Convention On Biological Diversity ◽  
Access And Benefit Sharing ◽  
Nagoya Protocol ◽  
Equitable Sharing

The debate over control and ownership of natural and bio genetic resources has a chequered history in International environmental law. Historically genetic resources were considered and acknowledged as part of common heritage of mankind. But with the development of technologies and the heightened north south divide over the issue of sovereign right over natural resources the developing nations became extremely concerned with the exploitation of biological and Genetic resources. Access to benefit sharing (ABS) was considered as an answer to balance the interests of developed and developing nations and to conserve and protect bio diversity. Adopted on October 2010 in Nagoya, Japan by the Parties to the Convention on Biological Diversity (CBD) of 1992, the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization (NP) has come into force after its 50th ratification on 2013. Nagoya protocol details on procedure for access and benefit sharing, disclosure mechanism, principles of transparency and democracy. The paper analyses the protection of access and benefit sharing envisaged under Nagoya protocol and its possible role in promoting sustainable development in the develoing nations. 

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