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"CBD: Bonn Guidelines on Access to Genetic Resources and Fair and Equitable Sharing of the Benefits Arising our of their Utilisation, 2002" [2005] ELECD 286; in Tully, Stephen (ed), "International Documents on Corporate Responsibility" (Edward Elgar Publishing, 2005)

Book Title: International Documents on Corporate Responsibility

Editor(s): Tully, Stephen

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781843768197

Section: Chapter 63

Section Title: CBD: Bonn Guidelines on Access to Genetic Resources and Fair and Equitable Sharing of the Benefits Arising our of their Utilisation, 2002

Number of pages: 7

Extract:

63. CBD: Bonn Guidelines on Access to Genetic
Resources and Fair and Equitable Sharing of
the Benefits Arising out of their Utilisation,
2002

Commentary: Adopted by COP Decision VI/24 (2002), the Bonn Guidelines build
upon Article 15 of the CBD. They were formulated in the light of their voluntary
nature, ease of use, practicality, acceptability, complementarity, evolutionary
approach, flexibility and transparency (para 7). Note that the terms defined under
Article 2 CBD also apply to these Guidelines (para 8). National focal points are
responsible for informing applicants for access to genetic resources on the proce-
dures for acquiring prior informed consent and mutually agreed terms, including
benefit-sharing (para 13). Appendix I to the Bonn Guidelines lists suggested elements
for material transfer agreements, Appendix II identifies monetary and non-monetary
benefits and the Annex outlines draft elements for an action plan on capacity building
including intellectual property rights. COP Decision VII/19 (2004) recognised `that the
Guidelines are making a useful contribution to the development of national regimes
and contractual arrangements for access and benefit-sharing and to the implementa-
tion of the objectives of the Convention'. See further, COP Decision VII/19 (2004).
The Ad Hoc Open-ended Working Group on Access and Benefit-sharing has since
prepared a prospective international regime on the topic: UN Doc
UNEP/CBD/COP/7/6 (2004). For commercial perspectives, see CEFIC (2000), `The
Chemical Industry Comments on the Legal Protection of Traditional Knowledge and
Access to Genetic Resources-Patenting', Brussels. For ...