explains about access to AnGR to benefits should be shared among users and providers and different national and international protocols governing them.

1. Seminar
ACCESS AND BENEFIT SHARING OF AnGR ON
NATIONAL AND INTERNATIONAL PERSPECTIVES
SPEAKERS:
VIVEK KUMAR NAYAK
JAVID UR REHMAN
JEEVAN C

2. Genetic Resource & its Importance
• All living organisms (plants, animals and
microbes) carry genetic material & are
potentially useful to humans.
• Used to develop wide range of products and
services for human benefit.
• Way in which genetic resources are utilized and
benefits shared can create incentives for:
Conservation and sustainable use of biodiversity
Creation of fairer and more equitable economy

3. Animal Genetic Resources : Significance
• AnGR encompass all animal species, breeds and
strains used – now or in past and in future - by
humans for purpose of food production and
agriculture.
• AnGR-
– building blocks of the global livestock economy
– employs at least 1.3 billion people
– essential to livelihoods of 600 million poor
livestock keepers
– critical to world food security
– 40 % of global agricultural GDP
– 26 % of global protein consumption
(Rosegrant et al. 2009,Thornton 2010,Tekola,2013)

4. India – among
15 Mega
Diversity
countries of
World
2.4 % of land area-
8 % of Global
Species Diversity
1st-Goat &
Buffalo,2nd-
Cattle,4th-poultry
population
Largest Diversity of
Livestock Species
structural &
functional genomic
variations for
productivity &
tolerance
AnGR-Indian Perspective
(UNESCO & FAO,2016)

5. Access & Benefit Sharing(ABS)
• Way in which genetic resources may be
accessed, and how the benefits that result from
their use are shared between the
people/countries.
• It involves agreement between users and
providers on the sharing of benefits that may
result from the use of genetic resources

6. …
• ABS rules state that governments should:
Create systems that facilitate access to
genetic resources for environmentally sound
purposes
Ensure that benefits resulting from their use
are shared fairly and equitably between users
and Providers
Benefit sharing will result in economic
equality and Sustainable Development
(Article 15,CBD,1992)

7. Importance of Access & Benefit Sharing
Poverty alleviation
Sustainable development
Maintenance of Genetic
Diversity
Better Resource Utilization
Averting natural Disasters
(2nd Earth Summit,Johanesburg,2002)

8. Major Stakeholders in ABS
Providers of
genetic
resources
States that
have sovereign
rights over
natural
resources
Local
communities &
livestock
keepers
Users of
genetic
resources
Industries,
Researchers,
Institutes
For basic
research and
product
Development
National
Focal Points
Provide
information on
ABS of Genetic
resources
Requirement &
processes to
gain accesses
Responsible
for granting
access to
AnGR
Bodies
established
by Govt.
National
competent
Authorities

9. Key agreements
• Prior informed consent (PIC):
Permission given from the Competent
national authorities of a country to a
user prior to accessing genetic resources,
with an appropriate legal and
institutional framework.
• Mutually agreed terms (MAT):
Agreement between the providers of
genetic resources and users on the
conditions of access and use of the
resources, and the benefits to be
shared between both parties.
(Convention on Biological Diversity,1992)

10. (Convention on Biological Diversity,1992)

12. Benefits of ABS
Benefits
Monetary
Royalties, Milestone
payments, Licensing
fees
Developing
commercial Products
Non-monetary
Technology Transfer
& Product
Development
Enhancement of
Research Skills

13. Treaties
Stakeholders of access and
benefit sharing
Traditional knowledge

14. • The way in which genetic resources may be accessed
• How the benefits that result from their use are
shared between
 People or countries using the resources
 People or countries that provide them
Access & benefit-sharing
(Convention on Biological Diversity,1992)

15. Structure of ABS
(Convention on Biological Diversity,1992)

16. Stakeholders of access and benefit
sharing
Adopted from FAO, 2009

17. • Knowledge, innovations and practices of indigenous
and local communities (ILCs) related to genetic
resources
• For centuries, communities have learned, used and
passed on traditional knowledge about local
biodiversity, and how it can be used for a range of
important purposes.
• Developed through the experiences of communities
over centuries, adapted to local needs, cultures and
environments and passed down from generation to
generation
Traditional knowledge
(Convention on Biological Diversity,1992)

18. • Production and reproduction characteristics - under field
conditions
• Undocumented breeds
• Susceptibility or resistance of breeds and individual
animals/lineages to diseases
• Identification of maternal lineages with desirable characteristics
• “Pedigree” and family history of individual animals
• Special challenges of the production environment
Examples
(Lokhit Pashu-Palak Sansthan et al. 2005)

19. • Helped to preserve, maintain and even increase essential
biological diversity over centuries.
• Used by researchers to better understand biodiversity and the
intricate web of life on earth.
• Vital source of information for identifying uses of genetic
resources that humanity as a whole can benefit from.
Importance

20. • Valuable for bioprospectors, or users of genetic
resources
• Without this knowledge many species currently used
in research and commercialized products may never
have been identified
…
(Hoffmann I.. 2011.)

21. International treaties
• Convention on Biological diversity-1992
• WTO agreement relevant to AnGR
• Bonn guidelines-Apr 2002
• Global plan of action on AnGR- Sep 2007
• Nagyoga protocol-Oct-2010

22. • Biological diversity act-2002
• Ranchi declaration on management
and conservation of farm AnGR-2009
• Nagoya protocol
National Regulations

23. NATIONAL
IMPLEMENTATIONS

24. National implementation
The measures governments take to facilitate access of genetic
resources and to ensure the fair and equitable sharing of benefits
resulting from their use
• Governments can decide how best to implement them based on
their individual circumstances
• Governments should adopt clear legislative, administrative or
policy measures to govern access to resources under their
jurisdiction
• Include national or regional strategies, policies, legislations,
regulations and codes of conduct
• These measures specify relevant information and procedures,
how to obtain prior informed consent (PIC) and agree on
mutually agreed terms (MAT) between users and providers.

25. Why is national implementation
important?
• Transparent framework to facilitate access to their
genetic resources, and to make sure that benefits
are shared equitably
• Negotiate mutually agreed terms with the provider
country prior to accessing genetic resources
• Create legal certainty and a fair relationship
between providers and users
(Convention on Biological Diversity,1992)

26. Who is national implementation important
for?
PROVIDERS
USERS
NATIONAL FOCAL POINTS
COMPETENT NATIONAL AUTHORITIES

27. Major Legislations In India
• National Biodiversity Act (NBA), 2002 (to comply
with CBD)
• Patent Act, 1970 amended 1999,2002,2005 (to
comply with TRIPs)
• Protection of Plant Varieties and Farmers’ Rights
Act (PPVFRA), 2001 (to comply with TRIPs and
ITPGRFA)
• Geographical Indications and Registration of Goods
Act, 1999

28. INTERNATIONAL
IMPLEMENTATIONS

29. Bonn Guidelines
• The Bonn Guidelines are intended to assist
governments in the adoption of measures to
govern access and benefit-sharing in their
countries
• They were adopted by the Conference of
the Parties to the Convention on Biological
Diversity (CBD) in 2002

30. Aims
To guide providers in setting up their own national
legislative,administrative or policy for ABS by
recommending the elements of PRIOR
INFORMED CONSENT (PIC)
To assist providers and users in the negotiation of
MUTUALLY AGREED TERMS (MAT), by providing
examples of what elements should be included in
these agreements

31. Basic principles and elements of
Prior Informed Consent (PIC)
I. Legal certainty and clarity
II. Access to genetic resources should be
facilitated at a minimum cost
III.Restrictions on access to genetic
resources should be transparent, based
on legal grounds, and not run counter to
the objectives of the Convention

32. Basic principles and elements of Mutually
Agreed Terms (MAT)
I. Legal certainty and clarity
II. Facilitating the transaction through clear
information and formal procedures
III.Reasonable periods of time for
negotiations
IV.Terms set out in a written agreement

33. NAGOYA PROTOCOL
•World Summit on Sustainable Development, 2002:
Political mandate for international regime on ABS
•7th Conference of the Parties, 2004: Ad Hoc Open-
ended Working Group on ABS mandated to negotiate
an international regime on ABS
•10th Conference of the Parties, 2010: Adoption of the
Nagoya Protocol on ABS

34. What is the Nagoya Protocol?
• support the implementation of the third objective of
the Convention on Biological Diversity: the fair
and equitable sharing of benefits arising from
the utilization of genetic resources
• A landmark agreement in the international
governance of biodiversity relevant for commercial
and non-commercial sectors dealing with genetic
resources
• Based on the fundamental principles of prior
informed consent(PIC) and mutually agreed
terms(MAT) enshrined in the Convention on
Biological Diversity

35. Why is the Nagoya Protocol important?
• It will create greater legal certainty for users and
providers of genetic resources
• It will help to ensure benefit-sharing, in particular
when genetic resources leave the country providing
the resource.
• It establishes more predictable conditions for
access

36. Advantages of the Nagoya Protocol
• It encourages the advancement of researchon
genetic resources which could lead to new
discoveries
• It creates incentives to conserve and sustainably
use genetic resources
• Enhances the contribution of biodiversity to
developmentand human well-being

37. Initiatives by Indian Govt.
• 2002-govt. enacted Biological Diversity Act(BDA) to
address issue related to ABS
• 2003-National biodiversity authority was set up to
implement BDA
• 2008-NBAGR starts registering breeds of AnGR for
evaluation & conservation
• 2009-ICAR formed national advisory board on
management of genetic resources(NABMGR)

38. CORE ELEMENTS
ACCESS
BENEFIT SHARINGTRADITIONAL
KNOWLEDGE

39. • Less commercial interest in locally adopted
AnGR – because they do not fit in to
industrial system with genetics companies
work
• Several genetic resources never been
documented and remained invisible or
destroyed by biopiracy
• Lack of international and national support for
local livestock keepers who rear livestock in
changing climate scenerio
(Rolefson,2015)
Constraints