Suggestion 1

Suggestion 2

Suggestion 3

Suggestion 4

Suggestion 1: Mandatory up-front payments

 

 

Access to MGR from ABNJ (i.e. sampling of in situ MGR and access to ex situ MGR as well as related data) for commercial purposes shall trigger an appropriate access fee to be paid by the user to a multilateral fund.

 

 

References/Examples:

State Practice under the Nagoya Protocol.

 

 

Suggestion 2: Mandatory milestone payments

 

 

Appropriate milestone payments shall be made by the researcher to a multilateral fund in case of commercialization (see use of terms):

  • Royalty payments after product based on in situ or ex situ MGR from ABNJ or related data is put on the market.
  • Exclusivity fee in case of protection of samples and/or data (e.g. through IPR), i.e. when in situ and ex situ MGR from ABNJ as well as associated data is not put in the public domain.

 

 

References/Examples:

ITPGRFA Art 13.2 (d) (ii) and Art 13.3 Part IV (Multilateral System of ABS)

Micro B3 Agreement on Access to Marine Microorganisms and Benefit-Sharing (proprietary use of samples/data)

 

Suggestion 3: Mixture of suggestions 1 and 2

 

 

Mandatory upfront payments as well as mandatory milestone payments in case of commercial research.

 

 

 

 

 

 

Suggestion 4: Mixture of voluntary and mandatory payments into endowment fund

 

 

Mixture of voluntary and mandatory payments from research institutions, commercial end-users, governments and others into an endowment fund for marine scientific research in ABNJ.

 

See: Financial Mechanism