Business views on a Global Multilateral Benefit-Sharing Mechanism (Article 10, Nagoya Protocol)

11 November 2016

Article 10 of the Nagoya Protocol (hereinafter referred to as the Protocol) calls on Contracting Parties to consider the need for and modalities of a Global Multilateral Benefit-Sharing Mechanism (hereinafter referred to as “GMBSM”).

The GMBSM is meant to possibly address the sharing of benefits in three situations:

where the genetic resources and traditional knowledge associated with genetic resources occur in transboundary situations; or
where it is not possible to grant prior informed consent in respect of the genetic resources and traditional knowledge associated with genetic resources; or
where it is not possible to obtain prior informed consent in respect of the genetic resources and traditional knowledge associated with genetic resources.

ICC contends that there is no need for a GMBSM. This assessment is based largely on two considerations:

transboundary cooperation is already covered under Article 11 of the Protocol; and
in cases of both in situ and ex situ collections, prior informed consent from a legitimate provider should always be possible for genetic resources and traditional knowledge associated with genetic resources that fall under the scope of the Protocol (i.e., those genetic resources acquired after the entry-into-force of the Protocol).

Furthermore, given that the Protocol recognizes other international instruments like the International Treaty on Plant Genetic Resources for Food and Agriculture (IT) (see Article 4(4)), care must be taken that any mechanisms considered in relation to the implementation of the Protocol in no way interfere with, or run counter to, the Multilateral System in place under the IT.

Views on the need for a GMBSM

1. Where genetic resources and traditional knowledge associated with genetic resources occur in transboundary situations

2. Where it is not possible to grant PIC in respect of the genetic resources and traditional knowledge associated with genetic resources

3. Where it is not possible to obtain PIC in respect of the genetic resources and traditional knowledge associated with genetic resources