ABSTRACT
This chapter addresses the expanding reach of ABS under the Nagoya Protocol, the proliferation of different ABS schemes among States and the development of non-State institutions developing their own ABS schemes with the effect that the access, transfer and use of genetic resources are complicated, creating confusion, restricting access and having a negative impact on the collection of genetic resources. The chapter concludes that these are challenging issues but the stakes are too high not to attempt to find a solution, and that there is potential for researcher-driven solutions to the legal uncertainty created by the Nagoya Protocol.
