Policy
International
The conservation and sustainable use of genetic resources for food and agriculture is a widely supported international objective as a contribution to efforts to achieve global poverty elimination and world food security. Defra, in collaboration with the Department for International Development, has a continuing UK role to play in this area particularly in view of the rich diversity of plant varieties and animal breeds that the UK possesses that are of international interest.
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Access to Genetic Resources and Benefit Sharing
Following an intergovernmental decision taken under the auspices of the Convention on Biological Diversity, the UK, in common with the other 188 Parties to the treaty, is requested to “establish a national focal point and one or more competent national authorities, as appropriate, to be responsible for access and benefit-sharing arrangements or to provide information on such arrangements within its jurisdiction”.
The following Defra website provides information on access to genetic resources in the UK as well as contact details for the National Focal Point on Access to Genetic Resources and Benefit-Sharing: http://www.defra.gov.uk/Science/GeneticResources/Introduction/default.asp
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Convention on Biodiversity
The Convention on Biological Diversity is both an international treaty, now ratified by 181 Parties, and an institutional framework for the continual development of legal, policy and scientific initiatives on biological diversity.
The objectives of the CBD are described in Article 1 as follows:
“ the conservation of biological diversity, the sustainable use of its components and the fair and equitable sharing of the benefits arising out of the utilisation of genetic resources, including by appropriate access to genetic resources and by appropriate transfer of relevant technologies, taking into account all rights over those resources and to technologies, and by appropriate funding.”
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Benefit-sharing
According to Article 1 of the CBD, “the fair and equitable sharing of the benefits arising out of the utilisation of genetic resources, including by appropriate access to genetic resources and by appropriate transfer of relevant technologies, taking into account all rights over those resources and to technologies, and by appropriate funding” is the third objective of the treaty.
The CBD does not define benefit-sharing, but the text of Article 1 and other relevant provisions In addition, national laws related to access to genetic resources often stipulate the nature of benefits that are to be shared according to mutual agreement of the terms of access, following prior informed consent.
Further information on benefit sharing can be found on the Defra website here: http://www.defra.gov.uk/Science/GeneticResources/Introduction/Intro_BenefitSharing.asp
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Access to genetic resources
Acquisition of genetic resources means the act of actually physically obtaining the material. It does not imply permission to use it. By contrast, ‘access to genetic resources’ means the permission to physically obtain and subsequently to use the genetic resources. This implies a positive and physical action to the genetic resources, going beyond, for instance, simply observing them (e.g. the passive, aesthetic, pleasure derived from looking at cut flowers or ecotourists visiting rainforests). Further details regarding policy and legal requirements in this area can be found on the Defra web site at the following location: http://www.defra.gov.uk/Science/GeneticResources/Introduction/Intro_Access.asp
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Legal issues in relation to Access and Benefit sharing
Unlike certain other countries, the UK has not introduced specific legislation in response to the CBD to regulate access to genetic resources. Rather, the rules governing access to genetic resources are found in other areas of UK law, particularly those relating to property, trespass, statutory protection of species and site protection. Other areas of law, such as health and safety legislation, law concerning the handling of dangerous organisms and intellectual property rights are also relevant. The entire Legal Summary can be downloaded here: http://www.defra.gov.uk/Science/GeneticResources/Legal/Legal_Entire_Summary.pdf