ABSTRACT

The legal and institutional framework for effective benefit-sharing continues to emerge and evolve. As we have seen through a number of cases over the past ten years, a range of approaches has been employed to implement short-, intermediate-and long-term benefit-sharing. These include innovative partnerships that place a larger portion of discovery in provider countries, allowing the local capture of greater benefits, including intellectual property rights (IPRs). More modest partnerships based on the supply of samples or raw material have also been structured to incorporate a range of benefits, such as the provision of literature, training, laboratory equipment and wider capacity-building, as well as monetary benefits such as fees, royalties and milestone payments.