A Regional Review of Genetic Resource Access and Benefit Sharing – Key Issues and Research Gaps

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Morrison, Clare
Humphries, Fran
Lawson, Charles
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2021
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Abstract

Countries are increasingly using access and benefit sharing (ABS) as a legal mechanism to support the conservation and sustainable use of the world’s biological diversity. ABS regulates collection and/or use of genetic resources/traditional knowledge and sharing benefits from their use with the provider. The purpose of this review is to assess the trends, biases and gaps of ABS literature using a regional comparative approach about the key topics of concern between each region. It analyses four key topic groupings: (1) implementation of international, regional and national ABS policy and law; (2) intellectual property and ABS; (3) traditional knowledge; and (4) research, development and commercialisation. Findings included gaps in: (1) analysing effectiveness of national level implementation; (2) addressing apparent conflicts between support for intellectual property promoting exclusivity for traditional knowledge and challenges to intellectual property exclusivity for patents; (3) examining traditional knowledge of local communities (in contrast to Indigenous Peoples); and (4) lack of practical examples that quantify benefit sharing from research and commercialisation outcomes. We conclude that future research addressing the identified gaps and biases can promote more informed understanding among stakeholders about the ABS concept and whether it is capable of delivering concrete biological conservation, sustainable use and equity outcomes.

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Environmental Policy and Law

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© 2021 The authors. Published by IOS Press. This is an Open Access article distributed under the terms of the Creative Commons Attribution-NonCommercial License (CC BY-NC 4.0), which permits unrestricted, non-commercial use, distribution and reproduction in any medium, providing that the work is properly cited.

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Law and legal studies

Environmental and resources law

International and comparative law

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Morrison, C; Humphries, F; Lawson, C, A Regional Review of Genetic Resource Access and Benefit Sharing – Key Issues and Research Gaps, Environmental Policy and Law, 2021

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