Preprint Article Version 1 Preserved in Portico This version is not peer-reviewed

Facing the Harsh Reality of Access and Benefit Sharing (ABS) Legislation

Version 1 : Received: 21 November 2021 / Approved: 23 November 2021 / Online: 23 November 2021 (10:46:33 CET)

A peer-reviewed article of this Preprint also exists.

Michiels, F.; Feiter, U.; Paquin-Jaloux, S.; Jungmann, D.; Braun, A.; Sayoc, M.A.P.; Armengol, R.; Wyss, M.; David, B. Facing the Harsh Reality of Access and Benefit Sharing (ABS) Legislation: An Industry Perspective. Sustainability 2022, 14, 277. Michiels, F.; Feiter, U.; Paquin-Jaloux, S.; Jungmann, D.; Braun, A.; Sayoc, M.A.P.; Armengol, R.; Wyss, M.; David, B. Facing the Harsh Reality of Access and Benefit Sharing (ABS) Legislation: An Industry Perspective. Sustainability 2022, 14, 277.

Journal reference: Sustainability 2021, 14, 277
DOI: 10.3390/su14010277

Abstract

Access and Benefit Sharing (ABS) is a framework which refers to a relatively recent type of legal requirements for access to and/or use of “genetic resources”. They are based on diverse national and regional laws and regulations, which mostly result from the implementation of the United Nations’ Convention on Biological Diversity (CBD) and its supplementary agreement, the Nagoya Protocol. Their ambition is to achieve fair and equitable sharing of benefits arising out of the use of genetic resources as an incentive to conserve and sustainably use them. This paper describes the experiences, practical constraints and complexities encountered by users of genetic resources when dealing with ABS legislation, with a focus on users from the private sector. We provide insights on how ABS laws have fundamentally changed the way of working with genetic resources in the hope that it inspires re-thinking of the ABS framework, to better support the overall objectives of the CBD.

Keywords

Convention on Biological Diversity; Access and Benefit Sharing; Nagoya Protocol; industry perspective

Subject

LIFE SCIENCES, Other

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