Bonn Guidelines

7/28/2019 Bonn Guidelines

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And the Fair and Equitable Sharing of Benefits

Bonn Guidelines On Access to GeneticResources


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Agenda

BonnGuidelineson Access to

GeneticResourcesand the FairandEquitableSharing of

Benefits

Introduction Objectives Roles and Responsibilities

National focal point Competent National Authority Responsibilities

Participation of Stake holders

Steps involved in Access and BenefitSharing Process Overall strategy Identification of steps Prior Informed consent


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Agenda

BonnGuidelineson Access to

GeneticResourcesand the FairandEquitableSharing of

Benefits

Benefit sharing

Types

TimingDistribution

Settlement of Disputes

Monitoring


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Bonn Guidelines

Introduction


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What is Bonn Guidelines

Assist parties, Government and stakeholdersto develop Access Benefit Strategy

Identifying the steps involved in the process of

obtaining access to genetic resources andbenefit-sharing

Helps in establishing policies and law

regarding the usage of biological resources.


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Bonn Guideline

Voluntary nature

Ease of use

Practicality

Acceptability

Complementarity

Evolutionary approach

Flexibility

Transparency


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Objectives

To contribute to the conservation andsustainable use of biological diversity

To provide Parties and stakeholders with a

transparent framework to facilitate access togenetic resources and ensure fair andequitable sharing of benefits

To provide guidance to Parties in thedevelopment of access and benefit sharingregimes


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Objectives

To inform the practices and approaches ofstakeholders (users and providers) in accessand benefit-sharing arrangements

To provide capacity-building to guarantee theeffective negotiation and implementation ofaccess and benefit-sharing arrangements,especially to developing countries, in particularleast developed countries and small islanddeveloping States among them


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Objectives

To promote awareness on implementation ofrelevant provisions of the Convention onBiological Diversity

To promote the adequate and effective transferof appropriate technology to providing Parties,especially developing countries, in particularleast developed countries and small islanddeveloping States among them, stakeholdersand indigenous and local communities


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Objectives

To promote the provision of necessaryfinancial resources to providing countries thatare developing countries, in particular least

developed countries and small islanddeveloping States among them, or countrieswith economies in transition with a view tocontributing to the achievement of theobjectives mentioned above

To strengthen the clearing-house mechanismas a mechanism for cooperation amongParties in access and benefit-sharing


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Objectives

To contribute to the development by Parties ofmechanisms and access and benefit-sharingregimes that recognize the protection of traditionalknowledge, innovations and practices of

indigenous and local communities, in accordancewith domestic laws and relevant internationalinstruments

To contribute to poverty alleviation and be

supportive to the realization of human foodsecurity, health and cultural integrity, especially indeveloping countries, in particular least developedcountries and small island developing States

among them


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Structure

Bonn Guidelines


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National Focal Point

Roles andResponsibility

Each Party should designate one nationalfocal point for access and benefit sharingand make such information availablethrough the clearing-house mechanism.The national focal point should informapplicants for access to geneticresources on procedures for acquiringprior informed consent and mutually

agreed terms, including:benefit-sharing, and on competentnational authorities, relevant indigenousand local communities and relevantstakeholders, through the clearing-house

mechanism.


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Competent National Authority


Competent national authorities,where they are established, may, inaccordance with applicable national

legislative, administrative or policymeasures, be responsible forgranting access and other

responsibilities


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Responsibilities


Contracting Parties which arecountries of origin of geneticresources, or other Parties which

have acquired the geneticresources in accordance with theConvention and all the guidelines


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Participationof Stakeholders

Involvement of relevantstakeholders is essential to ensurethe adequate development and

implementation of access andbenefit-sharing arrangementsHowever, due to the diversity of

stakeholders and their diverginginterests, their appropriateinvolvement can only be determinedon a case-by-case basis


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Relevant stakeholders should be consultedand their views taken into consideration ineach step of the process, including:

(a) When determining access, negotiating andimplementing mutually agreed terms, and in thesharing of benefits

(b) In the development of a national strategy,policies or regimes on access and benefit-sharing.


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To facilitate the involvement of relevantstakeholders, including indigenous and localcommunities, appropriate consultative

arrangements, such as national consultativecommittees, comprising relevant stakeholderrepresentatives, should be made.

Legal advice should be provided to ensureinvolvment


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Overall Strategy

Stepsinvolved inAccess andBenefit

SharingProcess

Access and benefit-sharing systemsshould be based on an overallaccess and benefit-sharing strategy

at the country or regional level. Thisaccess and benefit-sharing strategyshould aim at the conservation andsustainable use of biological

diversity, and may be part of anational biodiversity strategy andaction plan and promote theequitable sharing of benefits.


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Identification Of Steps


SharingProcess

The steps involved in the process ofobtaining access to geneticresources and sharing of benefits

may include activities prior toaccess, research and developmentconducted on the genetic

resources, as well as theircommercialization and other uses,including benefit-sharing.


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Prior Informed Consent


SharingProcess

Legal certainty and clarity;

Access to genetic resources should befacilitated at minimum cost;

Restrictions on access to geneticresources should be transparent, basedon legal grounds, and not run counter tothe objectives of the Convention;

Consent of the relevant competentnational authority in the provider country.The consent of relevant stakeholders,such as indigenous and localcommunities, as appropriate to thecircumstances and subject to domesticlaw, should also be obtained.


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Elements of Prior Consent


SharingProcess

Competent authority granting orproviding for evidence of priorinformed consent

Timing and deadlines

Specification of use;

Procedures for obtaining prior

informed consent; Mechanism for consultation of relevant

stakeholders;

Process.


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Types of Benefit Sharing

BenefitSharing

Mutually agreed terms could coverthe conditions, obligations,procedures, types, timing,

distribution and mechanisms ofbenefits to be shared. These willvary depending on what is regarded

as fair and equitable in light of thecircumstances

Monetary and non monetarybenefits


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Monetary benefits

BenefitSharing

Access fees/fee per sample collected or otherwiseacquired;

Up-front payments;

Milestone payments;

Payment of royalties; License fees in case of commercialization

Special fees to be paid to trust funds supportingconservation and

sustainable use of biodiversity;

Salaries and preferential terms where mutuallyagreed;

Research funding;

Joint ventures;

Joint ownership of relevant intellectual propertyrights.


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Non Monetary benefits

BenefitSharing

Sharing of research and developmentresults;

Collaboration, cooperation andcontribution in scientific research anddevelopment programmes, particularlybiotechnological research activities,where possible in the provider country;

Participation in product development;

Collaboration, cooperation andcontribution in education and training; Admittance to ex situ facilities of

genetic resources and to databases;


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Timing of benefits

Benefitsharing

Near-term, medium-term and long-term benefits should be considered,including up-front payments,

milestone payments and royalties.The time-frame of benefit-sharingshould be definitely stipulated.

Furthermore, the balance amongnear-term, medium-term and long-term benefit should be consideredon a case-by-case basis.


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Distribution of Benefits

BenefitSharing

Pursuant to mutually agreed termsestablished following prior informedconsent, benefits should be sharedfairly and equitably with all those who

have been identified as havingcontributed to the resourcemanagement, scientific and/orcommercial process. The latter mayinclude governmental, non-

governmental or academic institutionsand indigenous and localcommunities. Benefits should bedirected in such a way as to promoteconservation and sustainable use ofbiological diversity.


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Settlement Of Disputes

BenefitSharing

As most obligations arising under mutuallyagreed arrangements will be between providersand users, disputes arising in thesearrangements should be solved in accordancewith the relevant contractual arrangements on

access and benefit sharing and the applicablelaw and practices.

In cases where the access and benefit-sharingagreements consistent with the Convention onBiological Diversity and national legalinstruments of the country of origin of geneticresources have not been complied with, theuse of sanctions could be considered, such aspenalty fees set out in contractual agreements.


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National Level and Reporting

Monitoring Whether the use of genetic resources is

in compliance with the terms of accessand benefit-sharing

Research and development process; Applications for intellectual property rights

relating to the material supplied

The involvement of relevant stakeholders,in particular, indigenous and localcommunities, in the various stages ofdevelopment and implementation ofaccess and benefit-sharing arrangementscan play an important role in facilitatingthe monitoring of compliance.


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Means Of Verification

Monitoring Voluntary verification mechanisms could be

developed at the national level to ensurecompliance with the access and benefit-sharingprovisions of the Convention on BiologicalDiversity and national legal instruments of the

country of origin providing the geneticresources

A system of voluntary certification could serveas a means to verify the transparency of theprocess of access and benefit-sharing. Such asystem could certify that the access andbenefit-sharing provisions of the Convention onBiological Diversity have been complied with.


31/35Nigerian Case study


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SCD

NIPRISAN

Rev.Ogunyale

Sickle Cell Disorder patients withherbal medicines

Sub Saharan African region


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NIPRD

NIPRISAN Professor Wambebe

Dr. Hitherto

traditional health practitioners

WIPO

NIPRD legal advisor helped inmaking the contract

XECHEM


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Benefits Sharing

NIPRISAN 7.5% of the total sales

$ 115 million Good faith payment

Manufacturing Facility in Africa


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THANK YOU

Bonn Guidelines

Documents

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