Edited by Stephen Tully
Chapter 63: CBD: Bonn Guidelines on Access to Genetic Resources and Fair and Equitable Sharing of the Benefits Arising our of their Utilisation, 2002
63. CBD: Bonn Guidelines on Access to Genetic Resources and Fair and Equitable Sharing of the Benefits Arising out of their Utilisation, 2002 Commentary: Adopted by COP Decision VI/24 (2002), the Bonn Guidelines build upon Article 15 of the CBD. They were formulated in the light of their voluntary nature, ease of use, practicality, acceptability, complementarity, evolutionary approach, flexibility and transparency (para 7). Note that the terms defined under Article 2 CBD also apply to these Guidelines (para 8). National focal points are responsible for informing applicants for access to genetic resources on the procedures for acquiring prior informed consent and mutually agreed terms, including benefit-sharing (para 13). Appendix I to the Bonn Guidelines lists suggested elements for material transfer agreements, Appendix II identifies monetary and non-monetary benefits and the Annex outlines draft elements for an action plan on capacity building including intellectual property rights. COP Decision VII/19 (2004) recognised ‘that the Guidelines are making a useful contribution to the development of national regimes and contractual arrangements for access and benefit-sharing and to the implementation of the objectives of the Convention’. See further, COP Decision VII/19 (2004). The Ad Hoc Open-ended Working Group on Access and Benefit-sharing has since prepared a prospective international regime on the topic: UN Doc UNEP/CBD/COP/7/6 (2004). For commercial perspectives, see CEFIC (2000), ‘The Chemical Industry Comments on the Legal Protection of Traditional Knowledge and Access to Genetic Resources-Patenting’, Brussels. For academic commentary, see Tully S. (2003), ‘The Bonn Guidelines on Access to Genetic Resources and...
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