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Old 04-20-2010, 07:38 PM   #1
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Default UN Claims Victory In Biodiversity Talks, But Outcome Not Certain

UN Claims Victory In Biodiversity Talks, But Outcome Not Certain
Intellectual Property Watch
6 April 2010
By Kaitlin Mara @ 5:03 pm

Intellectual Property Watch » Blog Archive » UN Claims Victory In Biodiversity Talks, But Outcome Not Certain
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The UN Convention on Biological Diversity last month hailed Cali, Colombia as the birthplace of a protocol they hope will lead to an international regime on access and benefit-sharing by their October 2010 deadline. But, while it is clear the late March negotiation in Cali brought significant progress, participants reported difficult disagreements and in the final days, signs that there is yet more work to be done.
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Major outstanding issues appear to be which parts of the regime will be subject to compliance measures and how to handle products derived from genetic resources; technology transfer and traditional knowledge are also important.

“Developed countries, apart from Norway and Switzerland, were basically unwilling to have obligations for strong compliance,” and also “do not want to have disclosure requirements in patent applications as an obligation...
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Old 04-20-2010, 07:39 PM   #2
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Default Guidance Note

Guidance Note
20 March 2010
http://www.cbd.int/doc/meetings/abs/...ir-note-en.pdf
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Access

56. It is apparent to all that access and benefit sharing produce a “positive loop” which represents an opportunity for both users and providers, in particular recognizing that all Parties are or would eventually be both providers and user countries.
57. The core provisions in the international regime related to access would, in the context of States exercising their sovereign rights over their natural resources (including the authority to determine access to genetic resources) focus on:
• Setting out clear rules, procedures or other measures for legal certainty, clarity, due process and transparency in order to create conditions for fair access, consistent with the three objectives of the Convention on Biological Diversity.
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