News and Analysis • Volume 2 • Number 1 • March 2008
Access and benefit-sharing talks under the Convention on Biological Diversity
Access and benefit sharing (ABS) remains one of the most complex issues under the Convention on Biological Diversity (CBD), and a priority for many developing countries. These countries are concerned over “bio piracy,” which refers to the misappropriation - generally by means of patents - of indigenous or traditional knowledge by foreign entities without compensatory payment. A Working Group under the CBD has been tasked with negotiating an international regime on ABS by 2010. Countries take different viewpoints on how rules for ABS should be implemented, however, and negotiations have been sluggish. Many developing countries support the development of an international treaty. Meanwhile, several developed countries have long opposed or dragged their feet with regard to negotiating text for an international regime on ABS.
The sixth meeting of the ad hoc open-ended Working Group on access and benefit-sharing of the CBD was held from 21 to 25 January 2008 in Geneva. It concluded on a positive note, with countries agreeing on a new structure to advance more detailed negotiations. Some observers noted that even traditionally critical countries seemed to have moved beyond questioning the need for an international regime of some sort. The active and informed engagement of regional groups, particularly the African Group, was also highlighted. Other participants expressed concern, however, that the parties still were engaging in negotiation tactics rather than coming forth with fully developed positions. Others noted that the need for further technical work on the various aspects of the international regime still was immense.
The major outcome of the meeting, a new working document on the international ABS regime was forwarded to the upcoming ninth Conference of the Parties (COP-9) of the CBD, set to take place in Bonn from 19-30 May this year. This may offer – for the first time in these negotiations – a solid basis for further discussions.