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BioTrade & Benefit-sharing

The equitable sharing of benefits arising from the use of biodiversity is a fundamental tenet of the BioTrade Initiative and a critical element of the sustainable use of biodiversity under the Convention on Biological Diversity. In its work towards sustainable use of biological resources, BioTrade is working to guide companies on how to best fulfil equitable benefit-sharing principles.

The need for the equitable sharing of benefits of biological resources is recognised specifically in principle 3 of the BioTrade principles and criteria (BTPC). In calling for BioTrade activities to share the benefits derived from biodiversity, this principle requires, for example, informed, transparent and inclusive interaction among all actors in the value chain. Benefit-sharing is also an important element of principles 4 and 6, and is therefore integral to BioTrade's approach.

Issues of benefit-sharing become particularly significant as companies seek to achieve the verification of their compliance with the BTPC. The BTFP is working with companies to develop a verification framework that will formally recognise their efforts towards conservation and sustainability, including issues of accountability, social and environmental responsibility, and socio-economic sustainability. Field tests have shown that the implementation of benefit-sharing is particularly complex, and so the BTFP has begun work on a set of guidelines that will eventually be integrated into the verification framework.

 

 Guidelines for the sharing of benefits derived from the use of biological resources

At present, there is little legal structure in place regarding equitable benefit-sharing of biological resources in the sustainable-use context. Even where laws and regulations exist, they are often not implemented. Guidelines for benefit-sharing generally overlook the issue in the context of sustainable use, which is the focus of the BioTrade Initiative.

The BTFP is therefore elaborating practical guidelines to facilitate the equitable sharing of benefits arising from the use of biological resources in BioTrade activities. The objective of these guidelines is to facilitate compliance with the benefit-sharing aspects of the BioTrade principles and criteria, defining in particular ways to:

§    Build trust and dialogue among actors;

§    Enhance business and legal skills of producers and communities;

§    Promote fair and equitable commercial relationships, including an adequate price and the negotiation of other benefits;

§    Generate and share benefits outside relationships; and

§    Increase recognition of the value of traditional knowledge.

The guidelines will be inherently practical, focusing on methodologies that are both functional and dynamic, and will initially focus on the natural ingredients sector. This sector holds key opportunities for developing countries rich in biodiversity and complements the development of the verification framework that is also focusing on this sector.

 

Participative process

The development of the guidelines on benefit-sharing is undergoing a consultation process with BTFP partners in Asia, Africa, and Latin America. This involves actors from BioTrade regional and national programmes, and companies from both importing and exporting countries.

In addition, the BTFP hosted its first informal expert workshop on benefit-sharing in Paris in September 2006. The event brought together a small group of experts and actors in BioTrade activities who shared experiences and provided important input to ensure the practicality and effectiveness of the future guidelines.

There are also important contributions coming from the work being carried out at national level. Working groups in Peru, Ecuador and Colombia have been established, focusing on equitable benefit-sharing in specific value chains, as well as input from the private sector. In addition, a range of regional and national experts and stakeholders are being actively consulted.

A draft of the guidelines for benefit-sharing will be ready by the end of 2006.

 

 

Featured publications

 

Released: July 2006

BTFP concept note on Benefit-sharing

Author: Marķa Julia Oliva

This concept note presents the case for the need for practical tools for benefit-sharing - particularly noteworthy in relation to biological resources. As the BioTrade Initiative proceeds with the development of a verification framework derived from the BioTrade principles and criteria for its products, such tools for compliance with benefit-sharing principles and requirements are becoming indispensable. This concept note provides the initial framework in which practical guidelines for benefit-sharing will be established.  

[english]        [spanish]

 

Released: October 2000

UNCTAD BioTrade: Some considerations on Access, Benefit Sharing and Traditional Knowledge

Authors: Anida Yupari and David Vivas E.

This document summarised several legal aspects that need to be taken into account when designing an integrated BioTrade strategy. Policies to establish and implement strategic plans and BioTrade country programmes are presented, including: a) legal instruments at all levels; b) mechanisms for capacity building; and c) access and benefit distribution systems.  Some regional and national experiences are developed with the objective to provide a practical vision of existing strategies and country programmes.

[english]

 
 

Released: 2000

Innovative mechanisms for the equitable distribution of the benefits from biodiversity and other related knowledge.

Authors: David R. Downes and Sarah A. Laird

This study examines the utilisation of several intellectual property instruments as appropriate figures to increase the trade opportunities of biodiversity derived products. The mechanisms proposed are basically the appellations of origin and trademarks. Some practical cases such as the Kava, the Neem tree and Basmati rice are presented as possible products which could be protected and commercialised.

[spanish]

 

Released: October 2000

Regulating bioprospecting and protecting indigenous peoples knowledge in the Andean Community: Decision 391 and its overall impacts in the Andean region

Author: Manuel Ruiz Muller

This document analyses the D. 391 of the Andean Community of Nations which established a common regional regime for access to genetic resources and traditional knowledge.  It takes into account the objectives of the decision, its legal structure, as well as the fulfillment or not of its objective in practice.

[english]

Further publications on benefit-sharing related issues can be found under policy documents in the BTFP Resource Centre.

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