Certificates of Clarity or Confusion: The search for a practical, feasible and cost-effective system for certifying compliance with PIC and MAT
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Burton, Geoff
Fernandez-Ugalde, Jose Carlos
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Abstract
One of the major challenges facing the Convention on Biological Diversity (CBD) is how to secure the realization of its third objective - the fair and equitable sharing of benefits derived from use of genetic resources. The Convention has given a mandate to the Working Group on Access to Genetic Resources and Benefit Sharing (WGABS) to negotiate an international ABS regime by 2010. At the 6th meeting of the working group a number of central thematic areas were agreed upon as requiring further development as part of an international regime. One of these areas is compliance, including tools for monitoring compliance. One tool in particular is identified, an internationally recognised certificate issued by domestic authorities. This paper examines the debate on certificates through examination of: a series of certificate proposals; practical experiences with resource documentation; innovative models for resource management; and potential modalities for an international certificate system. The paper concludes that a certificate system is viable and will be beneficial for both providers and users of genetic resources. The paper also concludes that it is too early to determine the utility of a certificate system for traditional knowledge (TK) and calls for more work in this area.
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Apr-08
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1
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International Law (excl. International Trade Law)