Benefit Sharing Research Articles

Realizing Benefit Sharing through Reasonable Land Compensation in the Sustainable Development of Water Resources: Two Case Studies in China

The existence of benefit distribution unfairness may lead to problems such as resettlement conflicts, which have become the bottleneck of sustainable development of water resources in many countries. Exploring and establishing equitable benefit sharing systems are the resolving approach, but there is still the lack of quantitative analysis tools for benefit distribution. From the perspective of benefit sharing, this study designs specific quantitative methods to determine land compensation prices that migrants deserve and makes a case analysis of two projects in China. Results suggest the following: (1) Fair compensation calculated by the input dividend method is the product of the proportion of agricultural land investment and the net income of the project, while the value summation method takes the sum of the agricultural land value, social security value and average value-added distribution as the compensation price. (2) The cases demonstrate the feasibility of the proposed methods. (3) Current policy compensation is lower than the calculated compensation, and there are insufficient migrants participating in benefit sharing in China. By referring to the estimated value of the two methods, governments or development enterprises can reasonably improve the compensation standard or provide additional follow-up support to increase the welfare of migrants, which is expected to achieve a relatively balanced allocation of benefits and realize a win-win situation.

Access and benefit-sharing in China: exploring the extent to which China fulfils the obligations of the Nagoya Protocol

This article critically examines the implementation of the Nagoya Protocol on Access and Benefit Sharing under the Convention on Biological Diversity (CBD) through China’s Draft Regulation (2017). The Draft Regulation is still in draft form, but it definitely breaks new ground by establishing the most comprehensive piece of legislation for access and benefit-sharing (ABS) in China. Nevertheless, what is surprising is the absence of rigorous analysis of this ground-breaking legislation. In an attempt to fill the literature gap, while referring to the major provisions of the Nagoya Protocol, this article seeks to investigate how far the Draft Regulation (2017) in China is meeting the requirements of the Nagoya Protocol, identify its normative gaps and figure out what needs to be done in giving full effect to the obligations of the Nagoya Protocol.

Biodiversity COP15 - A stepping stone towards effective access and benefit sharing

Biodiversity COP15 - A stepping stone towards effective access and benefit sharing Here, Dominic Muyldermans and Markus Wyss explore the opportunities and challenges on the journey towards effective access and benefit sharing across the globe. The objectives of the Convention on Biological Diversity (CBD) of 1992 are the conservation and sustainable use of biodiversity, as well as the fair and equitable sharing of benefits arising out of the utilization of genetic resources. The CBD recognizes that countries have sovereign rights over their genetic resources and already included the principles of Access and Benefit Sharing (ABS). These ABS principles have been further operationalized in the Nagoya Protocol, which entered into force in 2014.

Impact of Access and Benefit Sharing implementation on biological control genetic resources

The third objective of the Convention on Biological Diversity, the fair and equitable sharing of benefits arising out of the use of genetic resources was further developed when the Nagoya Protocol on Access and Benefit Sharing came into effect in 2014. Interpretation of how this agreement is being implemented is wide-ranging and there are implications for biological control. A survey of biological control workers indicated that while some countries have facilitated access to biological control genetic resources, requirements in other countries have impeded biological control implementation. There was consensus that benefits to provider countries should be in the form of supporting local research communities. There was also agreement that the free use and exchange of biological control genetic resources has provided benefits to the global community, including to both providers and recipients of the agents. It is recommended that consideration of the free use and exchange principal should be a key element of Access and Benefit Sharing measures for the future.

International agreement for the use and exchange of classical biological control genetic resources: a practical proposal

The Nagoya Protocol on Access and Benefit Sharing (ABS) was implemented to further develop the third objective of the Convention on Biological Diversity, the fair and equitable sharing of benefits arising out of the utilization of genetic resources. Interpretation of this agreement is wide-ranging and there is concern that if ABS measures are poorly implemented biological control and the resultant public good will be greatly impeded. The ethos of multilateral use and exchange of genetic resources used in classical biological control will be particularly affected. In the spirit of the fair and equitable sharing of benefits arising out of the utilization of genetic resources, we propose a simple practical solution in the form of an international agreement on the use and exchange of classical biological control genetic resources.

NAVIGATING THE COMPLEXITIES OF IP IN AGRICULTURE: MILESTONES AND CHALLENGES

The adoption of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS,) by the World Trade Organization (WTO) propelled the member countries towards the realization of the need to maintain certain minimum standards of protection for intellectual properties. Today, Intellectual Property (IP) has suffused through all spheres of our lives. It holds immense significance in boosting the economies of several nations. There is hardly any sector that has remained untouched by it. IP protection was not given much recognition in the agricultural sector. But, with time, considering the varied aspects of this dynamic and vast sector, IP has also yielded new tones from time to time. The protection mechanisms under the IP regime have taken different shapes for providing suitable protection to the various aspects of the agricultural sector. At present, we have several IP rights recognized in the sphere of agriculture, including, Farmers’ Rights, Breeders’ Rights, Community Rights, right over the protection of Traditional Knowledge, Right to Access and Benefit Sharing (ABS), etc. With this paper, the authors seek to delve into all the IP protection mechanisms traversing the wide-ranging dimensions of the agricultural sector. This article is an attempt at investigating: (i) the milestones which led up to the current scenario of IP protection in agriculture; (ii) the role that is played by Intellectual Property in strengthening & fortifying the agricultural sector, and (iii) the issues related to IP in Agriculture. An attempt has also been made to explore all the initiatives taken up globally to protect IP in Agriculture, along with the prospective measures that can be taken to address the prevailing issues.

Community Benefit Sharing and Renewable Energy and Green Hydrogen Projects: Policy Guidance for Governments

Community Benefit Sharing and Renewable Energy and Green Hydrogen Projects: Policy Guidance for Governments

Case Report: IP Ownership and University-Student Benefit Sharing

Case Report: IP Ownership and University-Student Benefit Sharing

Study on Balanced Allocation of Water Resources in the Yellow River Basin Based on Water Benefit Sharing

In recent years, the shortage of water resources and the deterioration of water ecological environment have led to the increasing contradiction between supply and demand of water resources in river basins. How to realize the balanced allocation and scientific regulation of water resources in river basins is a serious challenge for China to face water resources problems. In this paper, the dynamic process and allocation scheme of water resources and water benefit allocation under different cooperative scenarios are simulated by constructing the water resources equilibrium allocation model of water benefit sharing. The influencing factors of water benefit sharing mechanism and the process of allocation compensation are studied, and the benefit relationship in regional coordinated utilization of water resources is revealed. The upstream, midstream and downstream water users of the Yellow River Basin are formed into alliances, respectively. Based on the principle of master–slave game theory, a basin system optimization problem with multi-level hierarchical structure is established. The initial allocation of water resources is carried out with the maximum overall benefit of water resources allocation, and the incremental benefits of the system optimization compared with the current individual and overall benefits are analyzed. The fuzzy cooperative alliance is used to allocate incremental benefits, improve the stability of cooperation among alliances, realize the cooperation and interaction of water resources in distribution, and finally achieve a dynamic equilibrium state. This paper focuses on the allocation mechanism of water resources competition and cooperation under water benefit sharing, which can provide a scientific basis for improving water resources security in water shortage basins and adapt to new problems and challenges brought by changing environments.

The Dilemma and the Way out of Marine Protected Area Issues in BBNJ Negotiations: Benefit Sharing as a Perspective

Part XIII & XIV of UNCLOS pointed out that significant differences in scientific and technical capacity hinder access to and use of marine genetic resources by all. In this paper, we analyze the dilemma and the way out of the issue of marine protected areas in the BBNJ negotiations and how China should respond from these two focuses.

Phylogeny and phylogeography of chelonians from sub-Saharan Africa—A review of current knowledge in tribute to Margaretha D. Hofmeyr

Species-level phylogeny and especially phylogeography of African chelonians is a comparatively under-studied field of research. We review the current knowledge of phylogeny and phylogeography, highlight congruence of spatial phylogeographic patterns amongst chelonians and other taxa and suggest future research directions to address gaps in knowledge. Our review shows that phylogeographic and phylogenetic investigations have led to unexpected findings. For example, forPelomedusa, a putatively wide-ranging monotypic terrapin genus, cryptic diversity was revealed, with more than ten species being uncovered. The formerly recognized tortoise genusHomopussensu lato was found to be paraphyletic with respect toChersina. To resolve this situation,Homopuswas restricted to the four-toed speciesH. areolatusandH. femoralisand the genusChersobiuswas resurrected for the five-toed speciesC. boulengeri,C. signatus, andC. solus. Three previously recognized taxa were shown to be invalid, viz. the putatively extinct terrapin speciesPelusios seychellensisand the tortoise subspeciesChersobius signatus caferandStigmochelys pardalis babcocki. Together with taxonomy, the knowledge of phylogeographic structuring sets a solid foundation for conservation measures and allows the identification of Management and Conservation Units. However, the current legislation, in particular the enforcement of the Nagoya Protocol under the Convention of Biological Diversity (CBD), has largely halted research on widely distributed taxa and turned the well-intended concept of Access and Benefit Sharing into a major impediment for conservation and research. The current situation leads for many species to a continued usage of outdated and incorrect taxonomic classifications resulting in an error cascade of conservation decisions. This is counterproductive to the aims of the CBD, that is, the protection of biodiversity. Sequencing historical DNA from museum specimens using aDNA approaches could be a short-term approach to mitigate, but not solve, this impediment.

1. Nature Conservation: Natural Lands and Biological Diversity

The first part of the fifteenth Conference of the Parties (COP-15) took place online and at Kunming, China, on 11–15 October. Due to the COVID-19 pandemic, the dates for the second part of COP-15 are yet to be confirmed. The concurrent meetings, along with COP-15 to the CBD, are the tenth Meeting of the Parties to the Cartagena Protocol on Biosafety (Cartagena Protocol, MOP-10) and the fourth Meeting of the Parties to the Nagoya Protocol on Access and Benefit Sharing (Nagoya Protocol, MOP-4). The pre-COP meeting was conducted by Columbia, in consultation with the CBD Secretariat, on 30 August. Participants urged the need for further actions and support for the Post-2020 Global Biodiversity Framework (GBF). The three specific objectives of this high-level political commitment are: the need to promote agreements regarding the critical elements in relation to the new GBF in terms of sustainable consumption and production patterns and integration of biodiversity in productive sectors and means of implementation; the identification of ways to articulate key international alliances and coalitions on biodiversity, environment, and sustainable recovery; and the encouragement of early announcements for the implementation of the new GBF.

Benefit sharing: Why inclusive provenance metadata matter.

Fair and equitable benefit sharing of genetic resources is an expectation of the Nagoya Protocol. Although the Nagoya Protocol does not yet formally apply to Digital Sequence Information (“DSI”), discussions are currently underway regarding to include such data through ongoing Convention on Biological Diversity (“CBD”) negotiations. While Indigenous Peoples and Local Communities (“IPLC”) expect the value generated from genomic data to be subject to benefit sharing arrangements, a range of views are currently being expressed by Nation States, IPLC and other stakeholders. The use of DSI gives rise to unique considerations, creating a gray area as to how it should be considered under the Nagoya Protocol’s Access and Benefit Sharing (“ABS”) principles. One way for benefit sharing to be enhanced is through the connection of data to proper provenance information. A significant development is the use of digital labeling systems to ensure that the origin of samples is appropriately disclosed. The Traditional Knowledge and Biocultural Labels initiative offers a practical option for data provided to genomic databases. In particular, the BioCultural Labels (“BC Labels”) are a mechanism for Indigenous communities to identify and maintain provenance, origin and authority over biocultural material and data generated from Indigenous land and waters held in research, cultural institutions and data repositories. This form of cultural metadata adds value to the research endeavor and the creation of Indigenous fields within databases adds transparency and accountability to the research environment.

The Nagoya Protocol and Access and Benefit Sharing (ABS) Responsibilities for users of biological materials

The Nagoya Protocol and Access and Benefit Sharing (ABS) Responsibilities for users of biological materials

Biodiversity Data Use and Biorepositories in Bhutan

Biodiversity information and biorepositories in Bhutan were instituted in the 1990s, and have contributed towards biodiversity conservation efforts in the country including citizen-science initiatives. Bioinformatics in Bhutan is still in its initial stage, and some biorepositories have incorporated information systems for their collections. Some major biorepositories in the country include the National Herbarium, National Animal Gene Bank, National Plant Gene Bank, National Invertebrates Repository, and Taxidermy. Other repositories distributed at various institutions cover the taxonomic groups such as fishes, amphibian and reptiles, butterflies and moths, mushrooms, bryophytes, agricultural pests, among others. Biorepositories are one of the major sources of biodiversity data and information, where the National Herbarium and National Invertebrates Repository have initiated digitizing its plant and invertebrate specimens. The digitized specimens will be made freely accessible through the Bhutan Biodiversity Portal and Bhutan Biodiversity Specimen Portal managed by the National Biodiversity Centre (NBC). The Bhutan Biodiversity Portal is an online consortium-based platform for biodiversity documentation of citizen science and collections. Bhutan Biodiversity Specimen Portal is an online system for documenting herbarium specimens especially from the National Herbarium of Bhutan (THIM). Other major information use and sharing systems related to biodiversity include National Biodiversity Clearing House, National Access and Benefit Sharing Clearing House, National Biosafety Clearing House, Forest Information Reporting and Monitoring System, and Pests of Bhutan database. Some of the collection-based offline systems include Royal Botanical Garden Database, National Traditional Knowledge Database, National Plant Gene Bank Information System, National Animal Gene Bank Information System, National Invertebrates Database, and institutional databases. Citizen science initiatives in Bhutan are increasing annually with major participation from youths. The contribution from young people is playing a major role in biodiversity documentation and data use in the country. The most used applications include iNaturalist, eBird, Bhutan Biodiversity Portal, Global Biodiversity Information Facility (GBIF), and social media sites such as Facebook (groups and pages) and blogs. Molecular data and information on species are limited in the country, however, through collaboration with international partners, some molecular information, especially for new species, is available to the public, through the use of Barcode of Life Data System (BOLD). There exists only a handful of laboratories conducting basic molecular studies on biodiversity in the country. The country’s molecular information would be enhanced with the establishment of advanced molecular laboratories and capacities in bioinformatics. Advancements in bioinformatics would also contribute towards enhancing accessibility of specimen collections distributed around the country. Other major challenges include non-availability of experts in some taxonomic groups, especially for understudied groups. It is also imperative to have a coordination mechanism for sharing all data and information related to biodiversity, bringing in all the relevant national and international stakeholders.

Perlindungan Hukum Terhadap Pengetahuan Tradisional Di Indonesia

Traditional knowledge is part of society that is passed down from generation to generation and needs to be protected by law. There is potential for economic benefits resulting from the use of traditional knowledge by developed countries through biopiracy or misappropriation. This article aims to examine the legal protection for people who possess traditional knowledge from acts of biopiracy or misappropriation under the Patent Law (UU Patent). The research method in writing is normative research with a statutory approach. The results of the study reveal that the legal protection of traditional knowledge is regulated in Article 26 of Law no. 13 of 2016 concerning Patents, namely if the invention relates to and/or originates from genetic resources and/or traditional knowledge, it must clearly and correctly state the origin of the genetic resources and/or traditional knowledge in the description. This is done so that genetic resources and/or traditional knowledge are not recognized by other countries and in order to support Access Benefit Sharing (ABS). The distribution of results and/or access to the use of genetic resources and/or traditional knowledge is carried out in accordance with the laws and regulations and international agreements in the field of genetic resources and traditional knowledge.Keywords: Benefit Sharing; Patent; Traditional Knowledge

Perlindungan Hukum Terhadap Pengetahuan Tradisional Di Indonesia

Traditional knowledge is part of society that is passed down from generation to generation and needs to be protected by law. There is potential for economic benefits resulting from the use of traditional knowledge by developed countries through biopiracy or misappropriation. This article aims to examine the legal protection for people who possess traditional knowledge from acts of biopiracy or misappropriation under the Patent Law (UU Patent). The research method in writing is normative research with a statutory approach. The results of the study reveal that the legal protection of traditional knowledge is regulated in Article 26 of Law no. 13 of 2016 concerning Patents, namely if the invention relates to and/or originates from genetic resources and/or traditional knowledge, it must clearly and correctly state the origin of the genetic resources and/or traditional knowledge in the description. This is done so that genetic resources and/or traditional knowledge are not recognized by other countries and in order to support Access Benefit Sharing (ABS). The distribution of results and/or access to the use of genetic resources and/or traditional knowledge is carried out in accordance with the laws and regulations and international agreements in the field of genetic resources and traditional knowledge.Keywords: Benefit Sharing; Patent; Traditional Knowledge

Simple Patent Protection: A Case of Sarung Tenun Goyor Indonesia and The Comparison to Malaysia Utility Innovation Protection

The work or products of SMEs are important for the protection of intellectual property rights. The Sarung Tenun Goyor in its production process has gone through long ideas and experiments to produce a distinctive motif and shape, but it becomes a problem whether a traditional work can be subjected to simple patent protection and instead ignores social values ​​and the value of community justice. In addition, Malaysia also has certain protection for utility innovalition that close to simple patent protection in Indonesia. This study is intended to analyze the simple patent protection in the case of Sarung Tenun Goyor Indonesia and Malaysia Utility Innovation Protectopn. This study showed that to fulfill the novelty element, development of the existing production process could be carried out while still paying attention to the values ​​of justice, social, and propriety. The fulfillment of Access Benefit Sharing stipulated in Law Number 13 of 2016 concerning Patents provides legal certainty of simple patent protection derived from traditional knowledge. Whereas the production process of the Sarung Tenun Goyor can be said to be a form of intellectual property and fulfills the elements as a simple patent object. The conclusion of this research is that the production process of the Sarung Tenun Goyor has not received legal protection. The Patent Law provides legal certainty for the development of the sarung tenun goyor production process by fulfilling Access Benefit Sharing (ABS).

Securing the Environmental Water Requirements of Seasonally Ponding Wetlands: Partnering Science and Management through Benefit Sharing

Although environmental flow regime assessments are becoming increasingly holistic, they rarely provoke water managers to enact the adaptive water reallocation mechanisms required to secure environmental water for wetlands. The conditions that cause science-based environmental flow assessments to succeed or fail in informing the management of environmental water requirements remain unclear. To begin to resolve these conditions, we used process tracing to deconstruct the sequence of activities required to manage environmental water in four case studies of seasonally ponding wetlands in Mediterranean and Mesoamerican watersheds. We hypothesized that, when the flexibility and equitability of the socioeconomic system do not match the complexity of the biophysical system, this leads to a failure of managers to integrate scientific guidance in their allocation of environmental water. Diagnostic evidence gathered indicates that science-management partnerships are essential to align institutional flexibility and socioeconomic equitability with the system’s ecohydrological complexity, and thus move from determination to reallocation of environmental water. These results confirm that institutions e.g., river basin organizations need to be supplemented by motivated actors with experience and skill to negotiate allocation and adaptive management of environmental water. These institutional-actor synergies are likely to be especially important in water scarce regions when the need to accommodate extreme hydrological conditions is not met by national governance capacity. We conclude by focusing on benefit sharing as a means to better describe the conditions for successful science-based environmental flow assessments that realize productive efficiency in environmental water allocation i.e., recognition of multiple values for both people and ecosystems.

Operationalizing "One Health" as "One Digital Health" Through a Global Framework That Emphasizes Fair and Equitable Sharing of Benefits From the Use of Artificial Intelligence and Related Digital Technologies.

The operationalization of One Health (OH) through digitalization is a means to deploy digital technologies (including Artificial Intelligence (AI), big data and related digital technologies) to better capacitate us to deal with growing climate exigency and related threats to human, animal and plant health. With reference to the concept of One Digital Health (ODH), this paper considers how digital capabilities can help to overcome ‘operational brakes’ in OH through new and deeper insights, better predictions, and more targeted or precise preventive strategies and public health countermeasures. However, the data landscape is fragmented and access to certain types of data is increasingly restrictive as individuals, communities and countries seek to assert greater control over data taken from them. This paper proposes for a dedicated global ODH framework—centered on fairness and equity—to be established to promote data-sharing across all the key knowledge domains of OH and to devise data-driven solutions to challenges in the human-animal-ecosystems interface. It first considers the data landscape in relation to: (1) Human and population health; (2) Pathogens; (3) Animal and plant health; and (4) Ecosystems and biodiversity. The complexification from the application of advance genetic sequencing technology is then considered, with focus on current debates over whether certain types of data like digital (genetic) sequencing information (DSI) should remain openly and freely accessible. The proposed ODH framework must augment the existing access and benefit sharing (ABS) framework currently prescribed under the Nagoya Protocol to the Convention on Biological Diversity (CBD) in at least three different ways. First, the ODH framework should apply to all genetic resources and data, including DSI, whether from humans or non-humans. Second, the FAIRER principles should be implemented, with focus on fair and equitable benefit-sharing. Third, the ODH framework should adopt multilateral approaches to data sharing (such as through federated data systems) and to ABS. By operationalizing OH as ODH, we are more likely to be able to protect and restore natural habitats, secure the health and well-being of all living things, and thereby realize the goals set out in the post-2020 Global Biodiversity Framework under the CBD.