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Global Scientific Research Commons Under the Nagoya Protocol: Governing Pools of Microbial Genetic Resources

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Abstract

This chapter explores new opportunities offered by the Nagoya Protocol for global sharing of basic knowledge assets for scientific research. Two major institutional models dominate this debate, the first one envisioning contractual negotiations and exclusive ownership rights and the second one favouring public domain-like conditions and non-exclusive property right regimes. This chapter compares these models in the field of microbiology, concluding that public-domain like conditions for access to basic knowledge assets and a broad interpretation of the notion of non-commercial use is both possible within the framework of the Protocol and necessary for the pursuit of global scientific research.
Global scientific research commons under the Nagoya Protocol:
governing pools of microbial genetic resources
Tom Dedeurwaerdere (a), Ariana Broggiato, and Dimitra Manou
(a) Université catholique de Louvain (UCLouvain) et F.R.S.-FNRS, Belgium
(b) Université catholique de Louvain (UCLouvain)
Bibliographical reference
Dedeurwaerdere, T., Broggiato, A., and Manou, D. 2013. "Global scientific research commons under
the Nagoya Protocol: governing pools of microbial genetic resources", in E. Kamau and G. Winter
(eds.), Common Pools of Genetic Resources: Equity and Innovation in International Biodiversity Law,
Routledge, 224-245.
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... 9,10 Most living collections allow repurposing of holdings without the need for consent of the depositor, although some new uses may require benefit sharing under the Nagoya Protocol. 11 Changing legal or regulatory circumstances requires collections to address issues of sustainability and the overall trend is toward increased impact through implementing best practices for quality management, data sharing, and visibility of validated and authenticated materials. 12 Living collections are easily categorized into several classes (Table 1). ...
... 86 Moreover, limits to accession can impact the ability of collections to maintain sufficient populations to avoid the problem of genetic drift. 87,88 To address the impact of international treaties, including the CBD and the Nagoya Protocol on Access and Benefit Sharing, 11 several organizations have developed networks to promote harmonization among collections. Beginning with the Global Biological Resource Center Network demonstration project 89 and culminating with the EU Microbial Research Resources Infrastructure, 90 and with national and regional collection networks under development in Belgium, Asia, Korea, Japan, South America, the European Union, and the United States 29 (www.wfcc.info/collections/networks), ...
... 9,10 Most living collections allow repurposing of holdings without the need for consent of the depositor, although some new uses may require benefit sharing under the Nagoya Protocol. 11 Changing legal or regulatory circumstances requires collections to address issues of sustainability and the overall trend is toward increased impact through implementing best practices for quality management, data sharing, and visibility of validated and authenticated materials. 12 Living collections are easily categorized into several classes (Table 1). ...
... 86 Moreover, limits to accession can impact the ability of collections to maintain sufficient populations to avoid the problem of genetic drift. 87,88 To address the impact of international treaties, including the CBD and the Nagoya Protocol on Access and Benefit Sharing, 11 several organizations have developed networks to promote harmonization among collections. Beginning with the Global Biological Resource Center Network demonstration project 89 and culminating with the EU Microbial Research Resources Infrastructure, 90 and with national and regional collection networks under development in Belgium, Asia, Korea, Japan, South America, the European Union, and the United States 29 (www.wfcc.info/collections/networks), ...
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