Legislative, administrative and policy approaches to access and benefit sharing (ABS) genetic resources: Digital sequence information (DSI) in New Zealand and Australian ABS laws
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Author(s)
Lawson, Charles
Humphries, Fran
Rourke, Michelle
Year published
2019
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New Zealand and Australia are parties to the Convention of Biological Diversity (“CBD”) but not the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the Convention on Biological Diversity (“Nagoya Protocol”). Both New Zealand and Australia have a patchwork of ABS measures consistent with their CBD commitments. An overview of the various jurisdictions shows that only Queensland’s ABS legislation currently expressly addresses DSI but not as a resource in its own right. This means that if DSI is to be captured in benefit sharing arrangements under ...
View more >New Zealand and Australia are parties to the Convention of Biological Diversity (“CBD”) but not the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the Convention on Biological Diversity (“Nagoya Protocol”). Both New Zealand and Australia have a patchwork of ABS measures consistent with their CBD commitments. An overview of the various jurisdictions shows that only Queensland’s ABS legislation currently expressly addresses DSI but not as a resource in its own right. This means that if DSI is to be captured in benefit sharing arrangements under New Zealand and Australian laws as a resource derivative within the ABS transaction, this will need to be specifically addressed in the ABS contracts.
View less >
View more >New Zealand and Australia are parties to the Convention of Biological Diversity (“CBD”) but not the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the Convention on Biological Diversity (“Nagoya Protocol”). Both New Zealand and Australia have a patchwork of ABS measures consistent with their CBD commitments. An overview of the various jurisdictions shows that only Queensland’s ABS legislation currently expressly addresses DSI but not as a resource in its own right. This means that if DSI is to be captured in benefit sharing arrangements under New Zealand and Australian laws as a resource derivative within the ABS transaction, this will need to be specifically addressed in the ABS contracts.
View less >
Journal Title
Intellectual Property Forum
Volume
118
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Copyright Statement
© 2019 IPSANZ. The attached file is reproduced here in accordance with the copyright policy of the publisher. Please refer to the journal's website for access to the definitive, published version.
Subject
Private law and civil obligations
Synthetic biology
Commercial law