Access and benefit sharing––The perspective of basic research

Abstract

BackgroundWith the adoption of the Convention on Biological Diversity (CBD) the 196 member countries have agreed that organisms and their derivatives are the property of the country of their origin (CBD Art.3, Art 15). While the spirit of the CBD is generally acknowledged, the ownership causes considerable problems, last not least for research which by the CBD is considered as “use of genetic (=biological) resources” (GR). Such resources include all kinds of material which might contain functional genetic units while the derivatives consist of other materials of biological origin. HypothesisRecently, many member countries claim the right of disposal also for digital sequence information about their GR. The Nagoya Protocol (NP) to the CBD regulates access to GR in exchange for sharing benefits arising from their use. Although the main focus of the NP is on “Research and Development” for commercial purposes, many of the issues and regulations apply also to basic, non-profit oriented biodiversity research. ResultsAccording to the NP (Art. 8a), simplified access to GR shall be granted by the provider countries for non-commercial biodiversity research, and a simple research permit may thus be sufficient for research projects not requiring transfer of GR. Nevertheless, there is not yet consensus about the interpretation of the terms “simplified measures” and “basic, academic, non-profit research”. Thus negotiations about access to GR for basic research are still an ad-hoc issue at the discretion of a country's relevant authority, termed “Focal Point”. Because basic research is mostly financed by public money, compliance of the researcher with the international regulations is of public interest, and in the EU, additional regulations shall make this sure on the part of the researcher by an obligatory declaration of “due diligence”. ConclusionApart from all legal uncertainties on both sides the provider country and the researcher, respect of legal commitments and mutual trust are indispensable for overcoming ABS-difficulties in basic research.