ABSTRACT

This introduction presents an overview of key concepts discussed in the subsequent chapters of this book. The book focuses on the implementation of the Convention on Biological Diversity (CBD) of 1992 and Nagoya Protocol (NP) of 2010 provisions on research and development. It first ascertains the international legal framework, and then presents and evaluates exemplary national access and benefit-sharing (ABS) legislation. The ABS regime can be understood as framing the utilization chain by both enabling and restricting it through establishing property and use rights. The book addresses the distinction between non-commercial and commercial research which is crucial for a number of aspects of ABS regimes. It reports on experiences made by researchers seeking access to genetic resources (GR) and associated traditional knowledge (ATK). Finally, the chapter describes self-regulation by guidelines and model access agreements of individual and institutional actors, as well as considering and recommending points for national legal frameworks of provider and user states.