UK Focal Point on Access to Genetic Resources and Benefit Sharing

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Introduction and context

Access to genetic resources

What is meant by ‘access’?

Acquisition of genetic resources means the act of actually physically obtaining the material. It does not imply permission to use it. By contrast, ‘access to genetic resources’ means the permission to physically obtain and subsequently to use the genetic resources. This implies a positive and physical action to the genetic resources, going beyond, for instance, simply observing them (e.g. the passive, aesthetic, pleasure derived from looking at cut flowers or ecotourists visiting rainforests). ‘Access to genetic resources’ is not defined in the CBD.

Certain provisions of some other international environmental treaties address access to genetic resources. For example, CITES covers the import and export of genetic resources of ‘listed’ species.

What is meant by ‘genetic resources’?

Article 2 of the CBD defines ‘genetic material’ as any material of plant, animal, microbial or other origin containing functional units of heredity and ‘genetic resources’ as genetic material of actual or potential value. These definitions can cover both living and preserved materials, such as herbarium specimens. In some countries, national legislation extends the obligation to obtain prior informed consent and to share benefits beyond genetic resources, to cover associated traditional knowledge and the derivatives of genetic resources.

What obligations does the CBD introduce on access and benefit-sharing?

The Convention endorses the sovereign right of states over their biological resources and the consequent authority of national governments to determine access to genetic resources. According to the Convention, such access shall be subject to Parties’ prior informed consent, and on mutually agreed terms that promote the fair and equitable sharing of benefits. The CBD strikes a balance between a State’s authority to regulate access to genetic resources, on the one hand, and, on the other, its obligation to facilitate access to genetic resources for environmentally sound uses by other Parties. Parties also commit not to impose restrictions that run counter to the objectives of the CBD.

The key provisions of the Convention on access to genetic resources and benefit-sharing are summarised in the Box beneath.

Summary of provisions in the CBD on access to genetic resources, on the knowledge, practices and innovations of local and indigenous communities, and on benefit-sharing

• Art. 8 (j) Promote the wider application of the knowledge, innovations and practices of indigenous and local communities with their approval and involvement and encourage the equitable sharing of the benefits arising from the utilisation of the knowledge, innovations and practices of indigenous and local communities.
• Art.15.1 Sovereign rights of States over their natural resources; the authority of national governments to determine access to genetic resources.
• Art.15.2 Endeavour to create conditions to facilitate access to genetic resources for environmentally sound uses by other Contracting Parties and not to impose restrictions that run counter to the objectives of the CBD.
• Art.15.3 Articles 15, 16 and 19 only apply to genetic resources acquired “in accordance with this Convention”: i.e. not to those obtained prior to its entry into force or from non-parties.
• Art.15.4 Access, where granted, to be on mutually agreed terms and subject to the provisions of Article 15.
• Art.15.5 Access to genetic resources to be subject to prior informed consent of the Contracting Party providing such resources, unless otherwise determined by that Party.
• Art.15.6 Endeavour to develop and carry out scientific research based on genetic resources provided by other Contracting Parties with the full participation of, and where possible in, such Contracting Parties.
• Art.15.7 Take legislative, administrative or policy measures, as appropriate, . . . with the aim of sharing in a fair and equitable way the results of research and development and the benefits arising from the commercial and other utilisation of genetic resources with the Contracting Party providing such resources. Such sharing to be upon mutually agreed terms.
• Art.16.3 Access to and transfer of technology using genetic resources to countries providing the genetic resources.
• Art.19.1 Effective participation by providers of genetic resources in biotechnological research on the genetic resources they provide.
• Art 19.2 Priority access on a fair and equitable basis by countries (especially developing countries) providing genetic resources to the results and benefits arising from biotechnologies based on them. Such access to be on mutually agreed terms.

As illustrated, the obligation to share benefits arises in the context of (i) access to genetic resources, where it is triggered by the need to obtain prior informed consent (Art.15(5)), and (ii) access to the knowledge, innovations and practices of indigenous and local communities, for which the approval of the holders of that knowledge is required (Art. 8(j)).