Concepts. The Agreement is adapted to the specific situation of non-commercial research sponsored by public funding. Its basic premise is that the Mutually Agreed Terms, as stipulated in CBD Art 15, are a bilateral contract con- cluded between providers and users, resulting from their fair negotiations on the terms of access and ben- efit sharing. Involved parties are encouraged to take account of each others specific needs and circumstances, reflect- ing on the type of envisaged research (e.g. ecological vs. phytopharmacological research) and the specifics of the research (e.g. difficulties in identifying taxa, sharing 4 INTRODUCTION 3 See: Swiss Academy of Sciences (2010) ABS Program 2003–2010. of material). For the provider, this may include means to monitor the use of genetic resources. We assumed the following basic scenario: ◾ The resources are accessed by a researcher under the lead and responsibility of a research institute. ◾ The research is non-commercial, aiming at providing publicly available results. The results have therefore to be published. ◾ Unexpected research results may trigger reflections towards their utilisation in a commercial context. ◾ Benefits are non-monetary as a rule. They usually accrue during the research process. ◾ Genetic resources might be transferred to third par- ties under a framework of customary cooperation by research institutes. The analysis of research types and access situations car- ried out by the ABS-team led to the following conclu- sions:
Appears in 2 contracts
Sources: Agreement on Access and Benefit Sharing for Non Commercial Research, Agreement on Access and Benefit Sharing for Non Commercial Research
Concepts. The Agreement is adapted to the specific situation of non-commercial research sponsored by public funding. Its basic premise is that the Mutually Agreed Terms, as stipulated in CBD Art 15, are a bilateral contract con- cluded between providers and users, resulting from their fair negotiations on the terms of access and ben- efit sharing. Involved parties are encouraged to take account of each others specific needs and circumstances, reflect- ing on the type of envisaged research (e.g. ecological vs. phytopharmacological research) and the specifics of the research (e.g. difficulties in identifying taxa, sharing 4 INTRODUCTION 3 See: Swiss Academy of Sciences (2010) ABS Program 2003–2010. of material). For the provider, this may include means to monitor the use of genetic resources. We assumed the following basic scenario: ◾ The resources are accessed by a researcher under the lead and responsibility of a research institute. ◾ The research is non-commercial, aiming at providing publicly available results. The results have therefore to be published. ◾ Unexpected research results may trigger reflections towards their utilisation in a commercial context. ◾ Benefits are non-monetary as a rule. They usually accrue during the research process. ◾ Genetic resources might be transferred to third par- ties under a framework of customary cooperation by research institutes. The analysis of research types and access situations car- ried out by the ABS-team led to the following conclu- sions:
Appears in 1 contract
Sources: Agreement on Access and Benefit Sharing for Non Commercial Research