Abs Agreement

by on April 7, 2021

Mandatory benefit-sharing agreement: this provides for the signing of a benefit-sharing agreement between the provider and the user before access. This is the approach of France (2016), Thailand (2011) and Vietnam (2017). For industrial users, the responses were twofold. While half argued that small and medium-sized enterprises (SMEs) could not afford to negotiate benefit-sharing agreements, the other argued that everyone, including SMEs, has the resources in their research and development budget to negotiate, and sometimes the flexibility offered by negotiations better serves SMEs. The former group also argued that negotiating the distribution of benefits whenever access takes place results in too high transaction costs for both the user and the provider. Advances: This concept was initiated in Costa Rica by the fee-ownership agreement between the National Biodiversity Institute (INBio) and the pharmaceutical company Merck (Sittenfeld and Gamez, 1993). The concept was also enshrined in the Bonn guidelines. This type of benefit sharing occurs when the user pays not only for the access fee, but also for the negotiated amount of benefit release before use. Some countries, such as India, Namibia, Kenya and Uganda, make advance payments as a monetary profit option under their MTO. The Bonn guidelines for access to genetic resources and equitable and equitable sharing of the benefits of their use (UNEP, 2002) include this approach as a kind of non-monetary sharing of benefits and illustrate health and nutrition research, taking into account the domestic use of genetic resources in donor countries. Some countries, such as India and Namibia (2017), are introducing this non-monetary benefit-sharing option within their UNWTO frameworks.

In its model of agreement on the distribution of benefits, Australia refers to the Bonn directives. By default: the conditions and triggers for benefit sharing are defined within the framework of legislation, regulations and/or guidelines. The user signs a standard contract drawn up by the supplier country. Australia`s UNWTO framework includes an agreement on the distribution of benefits, while the Indian guidelines for the ABS define the level of monetary benefits to be shared in certain situations. On the other hand, the Brazilian framework of the ABS sets the percentage of the benefit to be shared on the basis of the annual net turnover of a finished product or method. Licensing fee: there is no uniform definition of ROYALties in the area of ABS; However, this type of payment is quite common in the area of intellectual property law. According to the World Intellectual Property Organization (WIPO), a licensing agreement is a partnership between an intellectual property holder (licensee) and another who has the right to use these rights (takers) for an agreed payment, considered either a royalty or a royalty.

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