Philippe Desmeth BCCM
President of the World Federation for Culture Collections
Building TRUST Literally & Practically
TRUST workshop, 22 -24 May 2013, Shanghai Implementation of the Nagoya Protocol in microbiology
CBD - Nagoya Protocol
TRUST – Literally
TRUST – Practically
Contents
Nagoya Protocol
fair and equitable sharing of the benefits arising from the utilization of genetic resources, by appropriate access to genetic resources by appropriate transfer of relevant technologies by appropriate funding
Article 1 : Objective
Use of GR Conservation
Benefit Sharing
thereby contributing to the conservation of biological diversity and the sustainable use of its components.
Collections implementing the Nagoya Protocol
appropriate access to genetic resources appropriate transfer of relevant technologies = our daily work appropriate funding = our main concern
contributing to the conservation of biological diversity and the sustainable use of its components = mission of culture collections
Our new Challenge: How to adjust CC operations to improve the Nagoya Protocol implementation
Material Accession Agreement Material Transfer Agreement
20
Legal processing Technical processing
19
Codes MOSAICC, Guidelines WFCC Guidelines Best Practices OECD Best practices Standards MINE, CABRI
Model Contractual clauses
MOSAICC
CC initiatives relevant to the Nagoya Protocol
MOSAICC MOSAICS Global Catalogue of Microorganisms
TRUST, literally
Stands for Transparent User-friendly System of Transfer
o Transparency => legal certainty in ABS and IPR
o Truth = Provide valid, reliable, true data => cumulative research
o Trust between partners => lasting cooperation
Objective What & How
Codes, Guidelines, Best Practices, Standards MOSAICC - Overarching initiative
Model Contractual Clauses Material Accession Agreement Material Transfer Agreement
Compliance with domestic legislation on ABS
Relationship with international agreements and instruments Budapest treaty - IDA - Patents
LEGAL PROCESSING TECHNICAL PROCESSING
Monitoring use of GR MTA transfer rules - no transfer to 3rd parties - MAA + GUID + MTA
Access to TK associated to GR
Access to Genetic Resources - Description of Material in MAA - Attribution of GUID
Contribution to conservation and sustainable use WFCC guidelines for the establishment and operation of CC
Compliance with MAT Flaw in MTA because - Jurisdiction - Applicable law
20
04
16 17
07
06
8
15
18
1
CHECK LIST
Compliance with domestic legislation on ABS for TK & GR
02
19
Special considerations - Research, Emergencies, Food
Use of Terms Definitions of NP & CBD
05 Fair & equitable BS Refer to Annex Monetary and Non-monetary Benefits
10
09 National Focal Points and Competent National Authorities 13
ABS Clearing House & Information sharing 14
Capacity WFCC guidelines about ABS 22
Technology Transfer, Collaboration & Cooperation WDCM Global Catalogue
23
TECHNICAL CAPACITY LEGAL CAPACITY
Global Multilateral Benefit-Sharing Mechanism
11 Transboundary cooperation WFCC-WDCM GCM => Global Catalogue of Microorganisms
Articles 24, 25, 26, 27, 28, 31, 32, 33, 34, 35 and 36 are above the level of decision of culture collections or not relevant.
Scope Ambiguities about timeframe and CBD Article 15 interpretation
3
TK associated to GR 12
Awareness-Raising Targeting microbiologists 21
29 Monitoring & Reporting Quality Management System
30 Procedures & Mechanisms to promote compliance to NP
TRUST Practically
1. FrameWork
2. Work
3. NetWorks
4. Workouts
Objective What & How
Codes, Guidelines, Best Practices, Standards MOSAICC - Overarching initiative
Model Contractual Clauses Material Accession Agreement Material Transfer Agreement
LEGAL PROCESSING TECHNICAL PROCESSING
20
8
1
02
19
Special considerations - Research, Emergencies, Food
Use of Terms Definitions of NP & CBD
05 Fair & equitable BS Refer to Annex Monetary and Non-monetary Benefits
Scope Ambiguities about timeframe and CBD Article 15 interpretation
3
Flow chart - FrameWork
Compliance with domestic legislation on ABS
Relationship with international agreements and instruments Budapest treaty - IDA - Patents
LEGAL PROCESSING TECHNICAL PROCESSING
Monitoring use of GR MTA transfer rules - no transfer to 3rd parties - MAA + GUID + MTA
Access to TK associated to GR
Access to Genetic Resources - Description of Material in MAA - Attribution of GUID
Compliance with MAT Flaw in MTA because - Jurisdiction - Applicable law
04
16 17
07
06
8
15
18
CHECK LIST
Compliance with domestic legislation on ABS for TK & GR
Special considerations - Research, Emergencies, Food
11 Transboundary cooperation WFCC-WDCM GCM => Global Catalogue of Microorganisms
TK associated to GR 12
Flow chart - Work
Contribution to conservation and sustainable use WFCC guidelines for the establishment and operation of CC
10
09 National Focal Points and Competent National Authorities 13
ABS Clearing House & Information sharing 14
Capacity WFCC guidelines about ABS 22
Technology Transfer, Collaboration & Cooperation WDCM Global Catalogue
23
TECHNICAL CAPACITY LEGAL CAPACITY
Global Multilateral Benefit-Sharing Mechanism
Awareness-Raising Targeting microbiologists 21
Flow chart - NetWorks
Technology Transfer, Collaboration & Cooperation WDCM Global Catalogue
23
Articles 24, 25, 26, 27, 28, 31, 32, 33, 34, 35 and 36 are above the level of decision of culture collections or not relevant.
29 Monitoring & Reporting Quality Management System
30 Procedures & Mechanisms to promote compliance to NP
Flow chart – Workouts
Objective What & How
Codes, Guidelines, Best Practices, Standards MOSAICC - Overarching initiative
Model Contractual Clauses Material Accession Agreement Material Transfer Agreement
Compliance with domestic legislation on ABS
Relationship with international agreements and instruments Budapest treaty - IDA - Patents
LEGAL PROCESSING TECHNICAL PROCESSING
Monitoring use of GR MTA transfer rules - no transfer to 3rd parties - MAA + GUID + MTA
Access to TK associated to GR
Access to Genetic Resources - Description of Material in MAA - Attribution of GUID
Contribution to conservation and sustainable use WFCC guidelines for the establishment and operation of CC
Compliance with MAT Flaw in MTA because - Jurisdiction - Applicable law
20
04
16 17
07
06
8
15
18
1
CHECK LIST
Compliance with domestic legislation on ABS for TK & GR
02
19
Special considerations - Research, Emergencies, Food
Use of Terms Definitions of NP & CBD
05 Fair & equitable BS Refer to Annex Monetary and Non-monetary Benefits
10
09 National Focal Points and Competent National Authorities 13
ABS Clearing House & Information sharing 14
Capacity WFCC guidelines about ABS 22
Technology Transfer, Collaboration & Cooperation WDCM Global Catalogue
23
TECHNICAL CAPACITY LEGAL CAPACITY
Global Multilateral Benefit-Sharing Mechanism
11 Transboundary cooperation WFCC-WDCM GCM => Global Catalogue of Microorganisms
Articles 24, 25, 26, 27, 28, 31, 32, 33, 34, 35 and 36 are above the level of decision of culture collections or not relevant.
Scope Ambiguities about timeframe and CBD Article 15 interpretation
3
TK associated to GR 12
Awareness-Raising Targeting microbiologists 21
29 Monitoring & Reporting Quality Management System
30 Procedures & Mechanisms to promote compliance to NP
TRUST 1. FrameWork
2. Work
3. NetWorks
4. Workouts
Material Accession Agreement Material Transfer Agreement
20
Fair & equitable BS
19
Codes, Guidelines, Best Practices, Standards
Model Contractual clauses
MOSAICC Legal Processing & Capacity Building
MOSAICC
MOSAICS Cost/Benefit – Business model Administrative flow
18
05
Compliance with MAT
Global BS Mechanism 10 &
Identification >> Minimum Data Set + GUID Catalogue
20
06 Access to GR &
TRUST
Capacity 5d) Internet based solutions Global Catalogue of Microorganisms - GCM 5g) Technology transfer = WDCM
22 Technology transfer, Cooperation, Collaboration
23
WFCC - GCM Minimum, Recommended, Extended Data Set Database linkage
Technical Processing & Capacity Building
Codes, Guidelines, Best Practices, Standards
17 Monitoring use of GR
www.wdcm.org
GUID Tracking R&D developments
Cataloguing - Access Tracking Uses
22
© 2001 Cony Decock – Philippe Desmeth Uncinula necator (powdery mildew) © BCCM /MUCL All Rights Reserved
“The role of the infinitely small is infinitely large”
Louis Pasteur
谢谢
