Training on Negotiating and Drafting ABS Agreements under the Nagoya Protocol
12 Dec 2019
A Regional Workshop of the UNDP-GEF Global ABS Project “Strengthening human resources, legal frameworks, and institutional capacities to implement the Nagoya Protocol”
The National Biodiversity and Biosafety Center (NBBC) of the Committee for Environmental Protection under the Government of the Republic of Tajikistan, in partnership with the UNDP Country Office in Tajikistan, conducted a three-day training on “Negotiating and Drafting ABS Agreements” on November 20th to 22nd, 2019, as part of the UNDP-GEF Global ABS Project “Strengthening human resources, legal frameworks and institutional capacities to implement the Nagoya Protocol.” In addition to ABS institutions and stakeholders from Tajikistan, the training was attended by delegates from four participating countries under the Global ABS Project, namely Albania, Belarus, Jordan and Kazakhstan. In total, over 60 representatives from 20 organizations, including state, scientific, educational, commercial and non-governmental organizations participated in the training.
The training was facilitated by Mr. Claudio Chiarolla, Regional Project Specialist of UNDP-GEF Global ABS Project, and delivered by Mr. Morten Walloe Tvedt, International Consultant, from the Global ABS Project, and Associate Professor in Law at the University College of Molde, Norway.
The aim of the regional workshop was to increase the capacity of all stakeholders to negotiate and draft ABS agreements as providers of genetic resources and associated traditional knowledge in accordance with the Nagoya Protocol. The workshop illustrated concrete examples of how to negotiate and draft contract clauses for their inclusion in ABS contracts. Subject-specific training modules, practical exercises and knowledge sharing activities were presented and used throughout the training. Participants were divided in groups for discussions of prospects and problematic issues concerning the drafting of ABS contracts and involved specialists from each partner country. The training presented the experiences and examples of Tajikistan as well as other international experiences in negotiating and drafting agreements on access to genetic resources and benefit sharing in accordance with the Nagoya Protocol.
Particular attention was given to enhancing the capacities of National ABS Focal Points, practitioners, politicians as well as indigenous peoples and local communities, academics and the private sector to address legal, political and practical issues related to the management of genetic resources and associated traditional knowledge in a transnational value chain context.
During the workshop the following issues were discussed:
- How do ABS contracts fit into the general ABS legal framework;
- Understanding the Parties to an ABS contract;
- What are we aiming at regulating in an ABS Contract;
- Understanding the subject matter;
- The subject matter of ABS contracts in different sectors;
- The actions that trigger benefit sharing;
- Designing ownership in ABS Contract;
- Drafting the actions and benefit sharing obligations;
- Obligations to share;
- The link to IPRs – patent law;
- Technical contract issues;
- Dispute resolution and choice of law.
Participants noted the need for continuing the exchanges of experiences and enhanced cooperation between the participating countries in the CIS region and with other partner countries, through the Global ABS Community of Practice of the UNDP-GEF Global ABS Project, as well as the need to further support the implementation of the Nagoya Protocol and the preparation of project proposals to strengthen capacities and create harmonized ABS systems. Finally, they endorsed key recommendations for follow-up actions and to further promote South-South and triangular cooperation.
For more details, read the Summary Report of the Regional Training on “Negotiating and Drafting ABS Agreements under the Nagoya Protocol” available on the website of the Global ABS Community. To access the Summary Report and follow up the discussion, use the following link.
Available Resources and training materials available on the Global ABS Community. To access these resources, please use the following link.