UK Focal Point on Access to Genetic Resources and Benefit Sharing

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Introduction and context

Benefit-sharing

What is meant by ‘benefit-sharing’?

According to Article 1 of the CBD, “the fair and equitable sharing of the benefits arising out of the utilisation of genetic resources, including by appropriate access to genetic resources and by appropriate transfer of relevant technologies, taking into account all rights over those resources and to technologies, and by appropriate funding” is the third objective of the treaty.

The CBD does not define benefit-sharing, but the text of Article 1 and other relevant provisions In addition, national laws related to access to genetic resources often stipulate the nature of benefits that are to be shared according to mutual agreement of the terms of access, following prior informed consent.

Provided that they meet requirements of relevant laws related to access and any earlier contractual commitments with respect to genetic resources, the parties to an individual agreement can be as imaginative and ingenious as they are able in defining the benefits to be shared and mechanisms for doing so.

Benefits arising out of the utilisation of genetic resources can be direct, such as knowledge produced by research on genetic resources, or indirect, such as the incentive for conservation provided by profits arising from commercialisation of genetic resources. They can be either monetary benefits, such as collection fees, royalties and research grants, or non-monetary benefits of an environmental, social or economic nature. Non-monetary benefits might include research on host-country diseases; conservation projects; technology transfer of hardware, software and know-how; training in various disciplines of science, in information management, or in legal, administrative and management matters; joint research through participation in product development and joint ventures; institutional capacity building through developing partnerships to support groups such as communities, universities, botanic gardens, and small businesses; and the creation of employment opportunities.

For an introduction to the concept of benefit-sharing, see UNEP/CBD/COP/3/Inf. 53 (‘Fair and Equitable Sharing of Benefits Arising from the Use of Genetic Resources’).

With whom should benefits be shared?

Although the obligations to share benefits in the CBD are phrased in terms of the governments which ratified it, access legislation in various countries (for example, the countries of the Andean Pact and the Philippines) obliges collectors to share benefits with collaborating institutions and with local and indigenous communities. Various codes of conduct governing the collection of genetic resources endorse this as best practice.

How are benefits shared?

Just as the Convention does not define ‘benefit’, neither does it define ‘sharing’. Obligations to share benefits are likely to be contained in collecting permits or material transfer agreements. The mechanisms for sharing benefits vary. Non-monetary benefits such as participation in research and the exchange of information and know-how are generally shared through partnerships between institutions, as set out in contracts such as collecting permits or material transfer agreements. Monetary benefits may be shared through financial mechanisms such as trust funds.

More information on possible mechanisms for sharing benefits, identifying those who are entitled to receive a share of benefits and allocation of benefits may be found in UNEP/CBD/COP/3/Inf. 53.  as well as in a range of case studies on benefit-sharing prepared for the CBD Secretariat.