Access and Benefit Sharing (ABS)

The Convention on Biological Diversity (CBD) recognizes the value of traditional knowledge in incorporating language regulating access to genetic resources and their use. One of the three aims of the CBD is the "fair and equitable sharing of the benefits arising out of the utilization 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".

1. Which situations apply for ABS schemes?

1. When do ABS rules apply?

1. Why do research organizations care about ABS?

Which situations do apply for ABS schemes?

Depending on the involvement of knowledge and material, the Swiss Academy of Sciences have identified in their Access and Benefit Sharing Workbook four basic scenarios arising for Access and Benefit Sharing situations.

1. No ABS situation.

1. no access to genetic resources
2. no Access and Benefit Sharing agreement is required
3. other research permits may be required.
   Example 1: Research performed on human biological resources. Human biological resources, genetic material etc. is not covered by CBD. A research permit and acceptance by ethical committee would be necessary. Take contact with local academic partner and/or national focal point for medical research
   Example 2: Research performed locally on national biological resources without any involvement of indigenous people. You are employed by a national academic institution. Normally a research and work permit is necessary.

2. Simple ABS situation.

1. Collection, transfer and export of samples
2. Material transfer agreement (MTA) is generally sufficient.
3. Work with genetic resources deposited at the CGIAR institutes. This is however restricted to certain species used as crop plants. If the collection necessitates co-operation with indigenous people a separate contract must be signed and the situation is nor more a Simple ABS situation. If humans or animals are included in the research a permit from the national ethical committee is necessary.

3. ABS situation.

1. Export of samples is required for further analysis/study in a laboratory abroad
2. No further exploitation is planned.
3. PIC, MAT and MTA is necessary. In principal the same document as in 2. simple ABS situation but each more extensive. See section 2-6. In the more elaborated Research permit applications they are included. Confidentiality agreement might be requested.

4. Complex ABS situation.

1. Research for commercial purposes
2. The research involves several steps
3. possible use of traditional knowledge is included
4. Initially secrecy agreements and letter of intents could be signed followed by PIC, MAT and MTA. In the MAT questions concerning benefits have to be elucidated and agreed upon.
5. Terms like interest, profit and return as well as payment times have to be discussed and jointly interpreted by all stakeholders.

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When do ABS rules apply?

The ABS system covers all types of genetic resources (wild, domesticated, of animal, plant, microbial or other origin). The ABS system affects resources that are located and collected in situ or procured from ex situ facilities or from academic partners. Access means activities like: 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. Thus, the ABS system applies to research carried out for scientific or commercial purposes, for which organisms or their parts, which represent the genetic resources, and/ or related traditional knowledge are obtained, in other terms accessed from a country and its local communities that is party to the Convention on Biological Diversity. The ABS system applies also in case that the research involves Traditional Knowledge related to the genetic resources that are accessed. The holders of the knowledge must be integrated into the ABS process.

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Why do research organizations care about ABS?

Academic research creates benefits that are although non-monetary as a rule, nevertheless of value to the providing country. ABS practice applies also to these non-monetary benefits. Non-monetary benefits can be the sharing of research results, the participation in product development, the capacity building, the joint ownership of Intellectual Property Rights or the access to information to name just a few.

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