关键词: 名古屋议定书, 获取与惠益分享, 利益相关方

Abstract

Background: The process of Access and Benefit Sharing (ABS) mainly concerns three stakeholders, namely, providers, users and administrators. It is important to understand in-depth relevant provisions regarding these three groups and administrators of the Nagoya Protocol (NP) under the Convention on Biological Diversity (CBD), the correlations among three stakeholders and their respective responsibilities in implementing the NP in China.
Aim: This article examines the correlations among providers, users and administrators during the process of Access and Benefit Sharing (ABS), to understand their respective obligations in implementing the NP on ABS, so as to provide technical support in realization of benefit sharing in a fair and equitable manner.
Perspectives & Suggestions: Providers are obliged to identify the source or origin of biological genetic resources, and put in efforts to protect such resources; identify the original holders (or local communities) of genetic resources and the holders of associated traditional knowledge: develop a databank of local biological genetic resources and associated traditional knowledge, by survey, registration and catalogue; analyze the origins of genetic resources, development and history of utilization; improve the capabilities of handling ABS issues, especially the ability of negotiating with users on ABS agreements, through ABS training. Users are obliged to follow the principles of “Prior Informed Consent (PIC)” and “Mutually Agreed Terms (MAT)” required by the CBD and the NP. After obtaining PIC and MAT from Indigenous and Local Communities (ILCs), they shall sign ABS agreements with them, which reflect fairness and equity; Users shall respect the contributions of ILCs in conserving and providing biological genetic resources, develop guiding rules in practicing ABS, fulfilling social responsibility. They also need to disclose the source and provenance of genetic resources and associated traditional knowledge (ATK) in applying for patent. Administrators, in the process of establishing ABS, are responsible for developing a sound ABS policy and legal system; developing an ABS clearing house system and releasing relevant information; issuing standards of ABS applications and providing a model “ABS agreement”; reviewing and approving “ABS agreements”, and issuing “Certificate of legally sourced genetic resources (GRs)”; the administrators also need to supervise and monitor the implementation of those ABS agreements.

Key words: Nagoya Protocol, Access and Benefit Sharing, stakeholders