Abstract
Loss of biodiversity constitutes a concern for human welfare, especially for the well-being of the poorest, since it acts as a major livelihood option for them. The Nagoya protocol made a platform for compliance provisions as well as the more predictable conditions for access to genetic resources and sharing their benefits. In addition, the protocol emphasises on the provisions of access to traditional knowledge (associated with genetic resources) owned by indigenous and local communities as well as benefit sharing to the community, when a company makes use of their knowledge, innovations and practices. Bioprospectors are making huge residual rents which are confined with the company as an abnormal profit/benefit. The ABS challenge is to frame a legal strategy to bounce back this abnormal profit from the bioprospectors to the bio-resources providers (communities), through the introduction of appropriate economic instruments such as royalty. The fair distribution of benefits acts as a financial incentive and source towards the conservation and sustainable use of biodiversity. One of the major constraints in bio-resources exchange at its collection point is market imperfection. Hence, users of bio-resources may benefit more than the providers, and this creates an unequal benefit-sharing scenario. This paper attempts to examine the significance, challenge and management options on biodiversity, various issues of biodiversity/bio-resources valuation with respect to ABS and the possible approaches for deriving the real value of bio-resources for operationalising the ABS.
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Appendix 1
Appendix 1
1.1 Monetary and Nonmonetary Benefits
Monetary benefits may include, but not be limited to:
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(a)
Access fees/fee per sample collected or otherwise acquired
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(b)
Upfront payments
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(c)
Milestone payments
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(d)
Payment of royalties
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(e)
Licence fees in case of commercialisation
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(f)
Special fees to be paid to trust funds supporting conservation and sustainable use of biodiversity
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(g)
Salaries and preferential terms where mutually agreed
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(h)
Research funding
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(i)
Joint ventures
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(j)
Joint ownership of relevant intellectual property rights
Nonmonetary benefits may include, but not be limited to:
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(a)
Sharing of research and development results
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(b)
Collaboration, cooperation and contribution in scientific research and development programmes, particularly biotechnological research activities, where possible in the party providing genetic resources
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(c)
Participation in product development
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(d)
Collaboration, cooperation and contribution in education and training
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(e)
Admittance to ex situ facilities of genetic resources and to databases
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(f)
Transfer to the provider of the genetic resources of knowledge and technology under fair and most favourable terms, including on concessional and preferential terms where agreed, in particular, knowledge and technology that make use of genetic resources, including biotechnology, or that are relevant to the conservation and sustainable utilisation of biological diversity
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(g)
Strengthening capacities for technology transfer
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(h)
Institutional capacity building
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(i)
Human and material resources to strengthen the capacities for the administration and enforcement of access regulations
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(j)
Training related to genetic resources with the full participation of countries providing genetic resources, and where possible, in such countries
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(k)
Access to scientific information relevant to conservation and sustainable use of biological diversity, including biological inventories and taxonomic studies
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(l)
Contributions to the local economy
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(m)
Research directed towards priority needs, such as health and food security, taking into account domestic uses of genetic resources in the party providing genetic resources
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(n)
Institutional and professional relationships that can arise from an access and benefit-sharing agreement and subsequent collaborative activities
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(o)
Food and livelihood security benefits
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(p)
Social recognition
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(q)
Joint ownership of relevant intellectual property rights
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Nelliyat, P. (2017). Bio-resources Valuation for Ensuring Equity in Access and Benefit Sharing: Issues and Challenges. In: Laladhas, K., Nilayangode, P., V. Oommen, O. (eds) Biodiversity for Sustainable Development. Environmental Challenges and Solutions, vol 3. Springer, Cham. https://doi.org/10.1007/978-3-319-42162-9_8
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