COP16: Business views on a multilateral benefit sharing mechanism

At COP16, negotiating parties will decide on the modalities for a multilateral mechanism for sharing benefits from the use of digital sequence information.

As the voice of global business, ICC outlines some key elements, from the business perspective, for building a workable mechanism that provides legal certainty, and encourages and maximises engagement from countries, rightsholders and stakeholders.

These elements include:

• Legal certainty and a broad licence-to-operate as well as the knowledge and recognition that contributions will fund work towards reaching biodiversity goals.

• A single set of simple, transparent rules and operating procedures at a global level to help provide legal certainty, a level playing field, to avoid fragmentation and have the potential to promote alignment across the various multilateral access and benefit sharing systems.

• A proportionate mechanism where the expected level of benefit sharing corresponds to the scope of the Multilateral Benefit Sharing Mechanism.

• Clear definitions of key terms and concepts to ensure clarity and legal certainty for implementation.  

• A mechanism which enables and supports research and innovation by:
  • ensuring open access to data, recognising that tracking and tracing is not practical.
  • encouraging continued sharing of scientific information through the public database system.

• Existing non-monetary benefit sharing should be recognised, encouraged and strengthened as a voluntary track.

• Funds from the Multilateral Benefit Sharing Mechanism should be used solely to further biodiversity conservation and sustainable use, based on needs and scientific evidence of merit.