Biodiversity Science ›› 2007, Vol. 15 ›› Issue (5): 563-568.doi: 10.1360/biodiv.070167

• Special Issue • Previous Article    

Access and benefit sharing of genetic resources: background, progress and challenges

Dayuan Xue1, 2*   

  1. 1 College of Life and Environmental Sciences, Central University for Nationalities, Beijing 100081
    2 Nanjing Institute of Environmental Sciences, State Environmental Protection Administration, Nanjing 210042
  • Online:2007-09-20

In this paper, the background for access and benefit sharing (ABS) of genetic resources under the Convention on Biological Diversity (CBD) is reviewed, and the work of the Ad Hoc Open-ended Working Group on Access and Benefit Sharing for Genetic Resources is introduced. Then the negotiation progresses since the Eighth Conference of Parties (COP-8) of CBDare analyzed in details, especially the discussion and outcomes in an internationally recognized certificate of origin/source/legal provenance for genetic resources. Furthermore, the current challenges in ABS issue are also described and analyzed. The main challenges in-clude: (1) at international level, conflicts between CBD and WTO/TRIPS (Trade-Related Aspects of Intel-lectual Property Rights) system as well as WIPO (World Intellectual Property Organization) system on intel-lectual property right of genetic resources and related traditional knowledge; (2) at national level, ABS legis-lation requirement and related key problems; and (3) technical limitations in identifications of genetic re-sources’ origins and enforcement of benefit sharing system.

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