Access and Benefit Sharing (ABS)
“Access and benefit sharing” (ABS) is a catch phrase, utilised to signify the complexities associated with compensation schemes, designed to bring equitable sharing of compensation to countries of origin for genetic resources that are subsequently commercialised. A concept derived from the UN Convention on Biological Diversity (CBD), ABS is defined as the “equitable sharing of the benefits arising from the use of genetic resources” and is one of the CBD’s main objectives. The CBD was enacted in 1994, and thus much attention is often paid to whether specific genetic resources were acquired by others, outside the country of origin, before -or after, 1994. (Some countries do not recognise this distinction and argue that ABS should be associated with the use of genetic resources, without reservation.)
Market scene in Can Tho, South Viet Nam
Despite many a devoted to discussion of the topic of ANS in the last few years, notable progress has been difficult. As yet, no international norm has yet been agreed upon and the number of countries where national laws dealing with topic have been enacted is sparse. However, there are several national laws enacted in countries where CGIAR Centres are based and where researchers have projects. Although, even where regimes are in place, implementation may be hindered by different, and sometimes incompatible, stakeholder interests, –even identifying the authorities that implement ABS measures in any particular country may be a difficult, if not impossible, task.
Depending on each country, ABS regimes may affect resources that are located and collected in situ or even those procured from ex situ facilities of academic partners. Also, depending on local conditions, access has different meanings which include activities such as: entering a location where genetic resources are found; simple surveying activities; the acquisition of genetic resources for general purposes or their study/examination for scientific and/or commercial purposes. ABS, as conceived in the CBD, covers all types of genetic resources (animal, plant, or microbial) except human biological resources.
National laws regarding ABS can interpret “benefits”; in a very broad way so researchers may encounter conditions such as sharing commercial revenue (monetary benefits), or sharing the results of research (non-monetary benefits), e.g., requests to co-participate in the research or preferred access to the new technology developed. In some cases, acknowledgments of the contributions of the country of origin where the genetic resource is collected may be enough. But, this is an area that is still evolving, and not many institutions or countries have experience or regimes in place to handle ABS arrangements.
Researchers should document source and/or origin at time of collection, obtain prior informed consent from the custodial community of the genetic resources and execute benefit sharing arrangements in advance.
CAS-IP is ready to guide and assist researchers facing ABS arrangements. Please contact one of the CAS-IP team should you require assistance.
