A Guide To Intellectual Property Issues In Access And Benefit-Sharing Agreements
A Guide To Intellectual Property Issues In Access And Benefit-Sharing Agreements

The guide discusses the key conceptual and practical aspects of intellectual property related to access to genetic resources and the equitable and equitable distribution of the benefits of their use. As you know, the ABS initiative is a multi-donor initiative that focuses on helping to create ABS agreements between suppliers and users of genetic resources. They are also helping governments implement the necessary legal framework. Section 1 deals, in general terms, with a general scope and structure with the three main international instruments, namely (i) the Convention on Biological Diversity, (ii) the Nagoya Protocol on access to genetic resources and the equitable and equitable sharing of the benefits of their use, (iii) international treaty on plant genetic resources for food and agriculture, and specifies the terminology used. The World Intellectual Property Organization (WIPO) on Thursday (June 28, 2018) published a guide on intellectual property issues in the areas of access and profit-sharing at a secondary meeting organized by IEPI`s Intergovernmental Committee on Intellectual Property and Genetics. While the guide is intended to help suppliers and users of genetic resources negotiate and design INTELLECTUAL property clauses in access and benefit sharing agreements, it is important to note that this is not a resource in its own right. In other words, it complements existing resources, instruments and agreements on aspects of intellectual property in access and benefit sharing negotiations. One of them is WIPO`s collection of agreements on access to biodiversity and benefit sharing. The publication follows a format of identification of key issues in the UNWTO agreements, supported by case studies and checklists. The guide aims to help suppliers and users of genetic resources achieve mutually agreed terms that are consistent with the objectives of both parties.

It is described in four parts by Shakeel Bhatti (Secretary of THE FAO International Treaty on Plant Genetic Resources for Food and Agriculture at WIPO) at the launch event. It covers both commercial and non-commercial ABS agreements. Specific sectors include pharmaceuticals, industrial biotechnology, cosmetics and body care, as well as food and beverages. Section 2 outlines the different types of intellectual property rights that may result from the use of genetic resources and explains how these rights may be relevant in negotiating access-sharing and benefit sharing agreements. Section 3 deals with the exploitation and management of intellectual property rights in commercial and non-commercial agreements. The guide was presented on 28 June at a secondary meeting at the 36th meeting of the Intergovernmental Committee on Genetic Resources, Traditional Knowledge and WIPO Folklore. Section 4 focuses on specific intellectual property issues related to access and benefit distribution in certain industrial sectors, including pharmaceuticals, industrial biotechnology, agriculture, cosmetics and body care, as well as the food and beverage sectors. As Hartmut Meyer, senior advisor to the ABS initiative, explains, authorities and environmental lawyers generally negotiate these agreements. Trade lawyers are generally not involved. On the basis of an Ethiopian example, he indicated that this leads to strange clauses, such as prohibiting the defendant from filing patents on the basis of such resources.