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The Working Group on Access And Benefit Sharing Initiated Under The CBD Manages to Reach a Draft Protocol   -    03 June 2010

 

The Ad Hoc Open-Ended Working Group on Access and Benefit Sharing initiated under the Convention on Biological Diversity (CBD), held its ninth meeting from 22 to 28 March 2010 in Cali – Colombia. This meeting was with the purpose of finalizing a draft protocol on access to and sharing benefits arising from the utilization of genetic resources.[1]

This meeting of the group is based on the mandate issued by the ninth Conference of Parties (COP) to the CBD that was held in 2008 to set a draft for the protocol on access to genetic resources and ensuring the equitable sharing of benefits arising from their utilization.

The meeting of the working group, reflected some disagreements between the Parties, especially between developed countries from one side and developing and least developed countries from the other side. The disagreements circled around the issues of the scope of the protocol, standards for granting access, obligations of tracking genetic resources, traditional knowledge, technology transfer, national treatment and non - discrimination, and the work of intellectual property offices as checkpoints.

Despite these disagreements, the Working Group managed to reach a draft protocol on Access and Benefit Sharing, and agreed to adopt it by the end of the meeting. However, this draft has a footnote strongly requested by developed countries. This footnote clarifies that this draft has not been negotiated yet and that it reflects the efforts of the Co-Chairs in setting a draft protocol. The footnote also states that this draft does not prejudice the right of the parties to further amendments or additions. The hardly and conditionally agreed draft will act as the basis of negotiations on finalizing the protocol in the next meeting of the group that will take place from 10 to 16 July 2010 in Montreal – Canada.[2]

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[1] CBD, Negotiations of The International Regime on ABS, available at: http://www.cbd.int/abs/ir/  (last visited 27 April 2010).

 

[2] CBD, Communication of The Revised Draft Protocol, SCBD/SEL/LG/71198 (8 April 2010), available at: http://www.cbd.int/doc/notifications/2010/ntf-2010-066-abs-en.pdf  (last visited 27 April 2010).

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