Suggestion 1

Suggestion 2

Suggestion 3

Suggestion 1: Comprehensive set of benefit sharing provisions for a multilateral system

 

 

Develop a comprehensive multilateral benefit-sharing system introducing obligations to:

 

  • Create a multilateral/pool system facilitating international access to and scientific research on MGR from ABNJ as well as associated data
  • Fair and equitable sharing of non-monetary benefits by facilitating international collaboration, technology transfer and capacity-building
  • Fair and equitable sharing of monetary benefits in case of commercial research and/or development of market products.

 

 

References/Examples:

Plant Treaty Arts 10-13 (multilateral benefit sharing system)

Report of the PharmaSea WP6 Stakeholder Workshop (multilateral benefit-sharing regime)

 

 

Suggestion 2: Base system on public domain approach

 

 

In developing Suggestion 1, adopt a public domain approach.

The overall principle of a public domain approach would be based on obligations for international cooperation and sharing of knowledge and data, and UNCLOS Art 241 which states that MSR shall not constitute the legal basis for any claim to marine resources.

 

This would translate into obligations to:

  • put samples of MGR collected in ABNJ as well as associated data in the public domain as soon as possible (possibility of embargo period)
  • Share through international network(s) of biorepositories and international network(s) of databases creating common pools
  • Store sub-samples (duplicate samples) in centralized biorepositories at national or international level (if possible)
  • share monetary benefits in case of commercial utilization (i.e. sample or data are not put in the public domain, or product is put on market and generates revenues).

 

Further policies, standards and guidelines would need to be subsequently adopted by appropriate international process.

 

 

References/Examples:

UNCLOS Arts 242, 244 (international cooperation; publication; knowledge transfer)

UNCLOS Arts 143, 144 (MSR and Tech Transfer)

UNCLOS Art 241 (MSR not basis for claim to marine resources)

UNGA Res. 2749, Declaration of Principles Governing the Sea-Bed and the Ocean Floor, and the Subsoil Thereof, beyond the Limits of National Jurisdiction

Micro B3 Agreement on Access to Marine Microorganisms and Benefit-Sharing (public domain approach)

Evanson C.K. and Winter G. “Common pools of Genetic Resources – Equity and Innovation in International Biodiversity Law” (Earthscan, 2013).

 

Suggestion 3: Basic benefit sharing provision – like CBD

 

 

Develop a basic benefit-sharing provision (as done under CBD):

 

Comprising general principles and obligations aiming at

  • Fair and equitable sharing of monetary and non-monetary benefits arising from the utilization of MGR from ABNJ
  • Facilitation of MSR on MGR from ABNJ through access to ex situ MGR from ABNJ and related MSR results/data
  • Promotion of collaboration in MSR on MGR from ABNJ.

References/Examples:

CBD Art 15 (general obligations for ABS)

Bonn Guidelines

Nagoya Protocol