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  • On the Origin of Samples: Pathogen Provenance and the Rise of the Material Transfer Agreement

    Author(s)
    Rourke, Michelle
    Griffith University Author(s)
    Rourke, Michelle F.
    Year published
    2017
    Metadata
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    Abstract
    The purpose of this Opinion article is to inform scientists of the access and benefit-sharing (ABS) laws that could encroach on their ability to obtain pathogen samples for research purposes. The United Nations’ Convention on Biological Diversity (CBD) reaffirms the sovereign right of states over their genetic resources and recommends that access to such resources occur on mutually agreed terms and with the prior informed consent of eligible providers. This creates the conditions for a quid pro quo on genetic resources, essentially transforming them into articles of trade. The CBD cedes the authority to determine the ...
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    The purpose of this Opinion article is to inform scientists of the access and benefit-sharing (ABS) laws that could encroach on their ability to obtain pathogen samples for research purposes. The United Nations’ Convention on Biological Diversity (CBD) reaffirms the sovereign right of states over their genetic resources and recommends that access to such resources occur on mutually agreed terms and with the prior informed consent of eligible providers. This creates the conditions for a quid pro quo on genetic resources, essentially transforming them into articles of trade. The CBD cedes the authority to determine the terms of access to genetic resources, including pathogens, to national governments and this has created a patchwork of domestic ABS regulations around the globe. This article posits that the current ABS regime creates unacceptable incentives to avoid benefit-sharing obligations that could irreparably skew the scientific record. Scientists may restrict their research to samples collected from countries with lax ABS policies, or might even be tempted to misrepresent the provenance of pathogen samples to avoid entering into protracted and potentially expensive benefit-sharing negotiations. The article concludes that one solution might be to use Material Transfer Agreements as a chain-of-custody tool until such time as policymakers can reconcile the ambiguities and inconsistencies of international pathogen sharing regulations.
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    Journal Title
    The Journal of Science and Law
    Volume
    3
    Issue
    2
    Publisher URI
    https://www.jscilaw.org/index.php/archives
    Subject
    Sociology and social studies of science and technology
    Public health
    Environmental and resources law
    International and comparative law
    Convention on Biological Diversity
    Nagoya Protocol
    Access and Benefit-Sharing
    Genetic Resources
    Sovereignty
    Publication URI
    http://hdl.handle.net/10072/411064
    Collection
    • Journal articles

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