This publication focuses on the implementation of the post-Nagoya Protocol ABS legislation and practice based on a research project of the University of Bremen titled “New ABS legislation and practice and their compliance with the Nagoya Protocol”. The project is funded by the German Research Foundation (DFG) and headed by Dr. Evanson Chege Kamau.
Among the issues being examined in the project is how countries are coping as well as complying with the Nagoya Protocol and to what extent available country experiences can provide solutions to similar issues in other countries. In addition it is being examined how some of the issues that remained controversial or unresolved during the negotiations, or that have risen during the implementation phase are being resolved.
Examples of such issues include questions about digital sequence information (DSI); scope of provider rights; the role of databases; inadequate definitions of central Convention on Biological Diversity (CBD) terminology such as genetic resources and utilization; and incomplete regulations on the necessary proof of compliance with the CBD, e.g. for non-commercial users of GR, as well as the related verification of compliance with international legal requirements.
The reports presented in this publication are more or less descriptive summaries of the preliminary results of the ongoing examination of legislations and practices of fifteen case studies and six general themes. The case studies make a global representation as they cover five continents of the world. The study includes countries such as Vietnam, Korea, Malasya, Australia, South Africa, Cameroon, Ethiopia, Kenya, Brazil, Argentina, Costa Rica, Ecuador and Peru, France, Spain and the European Union.