Global Transformations in the Use of Biodiversity for Research and Development: Post Nagoya Protocol Implementation Amid Unresolved and Arising Issues ... Perspectives on Law and Justice, 95)

Foreword
Preface
Contents
Editor and Contributors
Abbreviations and Acronyms
List of Figures
List of Tables
List of Boxes
List of Addendums
Part I: Introduction
	Transformations in International Law on Access to Genetic Resources and Benefit-Sharing and Domestic Implementation. Introduct...
		1 About the Subject
		2 About the Book
		3 Further Research Questions
		4 Summaries of Contributions
		5 New Legislation and Practice and Status of Implementation of the Nagoya Protocol. Synthesis, Observations, Recommendations a...
		References
		Books and Book Chapters
		Articles
		Legislations
		Online Material
Part II: Post Nagoya Protocol Measures on Access and Benefit-Sharing and Domestic Implementation
	Access and Benefit-Sharing Regime in Argentina: Experiences and Perspectives
		1 Background
		2 ABS Regulatory Framework
			2.1 Argentine National Regulatory Framework
				2.1.1 Regulations
				2.1.2 Scope of the Regulation
				2.1.3 Institutional Framework and Access Procedures
				2.1.4 Access Permits
				2.1.5 Traditional Knowledge
				2.1.6 Compliance Measures
			2.2 Provincial Legal and Regulatory Framework
				2.2.1 Legislation and Regulations
				2.2.2 Scope of the Rules
				2.2.3 Institutional Framework and Access Procedures
				2.2.4 Access Permits
				2.2.5 Benefit-Sharing
		3 Assessment
		4 Conclusions
		References
		Bibliographical References
		Legal References
	Brazilian Biodiversity Law: Challenges and Opportunities for Industries and Research Institutions
		1 Development of Legislation in Brazil
			1.1 Status of Biodiversity
			1.2 Historical Background
			1.3 Provisional Measure No. 2.186-16/2001: Aims and Intentions
		2 The ABS Framework in Brazil
			2.1 The Law 13.123/2015
			2.2 Scope of Law
				2.2.1 Geographical
				2.2.2 Material
				2.2.3 Personal Scope
				2.2.4 Accessing ex-situ or in silico Genetic Heritage
				2.2.5 Exceptions to Legislation
				2.2.6 Shipment Abroad of Genetic Heritage Samples
		3 Institutional Framework
			3.1 The Genetic Heritage Management Council
			3.2 SisGen
			3.3 The Operation of SisGen Since Its Availability
		4 Access Procedures and Agreements for Access to Genetic Heritage or Associated Traditional Knowledge
			4.1 Content of the Access and Notification Registry
			4.2 Prior Informed Consent
			4.3 Mutually Agreed Terms
			4.4 Benefit-Sharing of Products Developed Under the Law
				4.4.1 Benefit-Sharing: Application and Exceptions
				4.4.2 Benefit-Sharing Modalities
		5 Regime´s Strengths and Weaknesses
		6 Conclusion
		References
		Legal Texts
		Links
	Towards Mutual Supportiveness Between the Nagoya Protocol and the Andean ABS Regime: The Cases of Ecuador and Peru
		1 Introduction
		2 `Mutual Supportiveness´
		3 The Andean ABS Regime: Decision 391
			3.1 Objectives and Principles
			3.2 Scope
			3.3 Relevant Definitions
			3.4 Access Procedure
			3.5 Access to GR for Non-commercial Research
			3.6 Access to Traditional Knowledge
			3.7 Monitoring
			3.8 Situation Post-Nagoya
		4 The Ecuadorian ABS Framework
			4.1 Legal Context
			4.2 Recognition of the Value of GR
			4.3 Relevant Definitions
			4.4 Rules on Benefit-Sharing
			4.5 Competent National Authorities
			4.6 Access Procedure
			4.7 Access to Traditional Knowledge
			4.8 Procedure for Non-commercial Research
			4.9 Sanctions
		5 The Peruvian ABS Regulation
			5.1 Legal Context
			5.2 Recognition of GR
			5.3 Relevant Definitions
			5.4 Competent National Authorities
			5.5 Access Procedure
			5.6 Procedure for Non-commercial Research
			5.7 Access to Associated Traditional Knowledge
			5.8 Monitoring and Sanctions
		6 Assessment
		References
		Articles
		Legislations, Draft Legislation and Records of Meetings
		Judicial Decisions
		Studies/Reports/Reviews
		Power Point Presentations
		Website Links
	New ABS Legislation and Practice in Compliance with the Nagoya Protocol: Current Situation and Perspectives in Costa Rica
		1 Historical Background and Development of the ABS Legislation: The Biodiversity Law of 1998
			1.1 Background and Influence: The Development of the Biodiversity Law
			1.2 Aims and Intentions of the Legal Framework
		2 ABS Legal and Policy Framework
			2.1 Current Status of the ABS Legal Framework: The Biodiversity Law and Other Regulations, Instruments and Policies
			2.2 Scope
				2.2.1 Geographical Scope
				2.2.2 Material Scope: Including Treatment of Genetic Information/DSI
				2.2.3 Personal Scope
				2.2.4 Temporal Scope
				2.2.5 Exemptions
		3 Institutional Arrangements and Functions
			3.1 National Focal Point
			3.2 National Competent Authorities: The National Commission for Biodiversity Management and the Biodiversity Commission of the...
		4 Regulatory Tools and Instruments for Access to In Situ and Ex Situ Genetic Resources and Associated Traditional Knowledge
			4.1 Access to Genetic Resources: Procedures
			4.2 PIC
			4.3 Traditional Knowledge (TK) Protection in the National Legal System
			4.4 Type of Access Permits
			4.5 Content and Conditions of the Permit
		5 Model Agreements
		6 Benefit-Sharing
			6.1 Types of Benefits
			6.2 Terms, Conditions and Content of Benefit-Sharing Agreement
			6.3 Commitment of Benefits to Biodiversity Conservation and Sustainable Use Purposes
		7 Provider and User Compliance Measures
			7.1 Reporting Measures
			7.2 Contractual Clauses and Permit Conditions Used
			7.3 Patents/Intellectual Property (IP) Rights Requirements
			7.4 Statistic Tools and Monitoring for Domestic GR´s Users
			7.5 Administrative Sanctions
			7.6 Following Compliance
		8 Regime´s Strengths and Weaknesses
		9 Assessment and Suggestions
		10 Conclusion
		References
		Book Chapter
		Reports/Studies
		Legal Documents
	The South African ABS Regime: New Wine in Old Wine Skins?
		1 Background of the Development of ABS Legislation
			1.1 Status of Biodiversity
			1.2 Historical Context, Influence and Aims
			1.3 Legal Background
		2 The ABS Framework
			2.1 Legislations
			2.2 Scope
		3 Institutional Framework, Access Procedures and Requirements for Access to In-Situ and Ex-Situ GR and aTK
			3.1 Institutional Arrangements and Procedures
				3.1.1 The Minister and MEC
				3.1.2 The Director-General
				3.1.3 Department for Environmental Affairs
			3.2 Permit Application Requirements and Review
				3.2.1 Pre-Conditions for Application of Bioprospecting and Export Permits
				3.2.2 Review of Notifications and Permits
					Procedure of Review
					Criteria to Be Taken into Account and Requirements to Be Fulfilled by Issuing Authority
					Timeframe for Deciding Notifications and Permit Applications
					Decision to Issue, Issue Subject to Conditions or Reject
		4 Nature of Regulatory Tools for Access to In-Situ and Ex-Situ GR and aTK
			4.1 What Is Access?
			4.2 PIC for Access
				4.2.1 PIC of State
				4.2.2 PIC of Community
			4.3 Research Permit
				4.3.1 Bioprospecting Permit
				4.3.2 Contents
					General Information
					Standard Conditions
				4.3.3 Export Permit for Research Other than Bioprospecting
				4.3.4 Other Permits
			4.4 Model Agreements
				4.4.1 Model Transfer Agreement
				4.4.2 Benefit-Sharing Agreement
		5 Provider and User Compliance Measures and Sanctions for Non-compliance
			5.1 Provider Compliance Measures
			5.2 User Compliance Measures
			5.3 Sanctions for Non-compliance
				5.3.1 Offences
				5.3.2 Penalties
		6 Compliance with the Nagoya Protocol
		7 Regime´s Strengths and Weaknesses
		8 Suggestions for Improvement and Conclusion
		Addendum 1
		Addendum 2
		References
		Books
	The Post Nagoya Protocol ABS Regime in Cameroon: Exploring the Extent to Which Ongoing Policy, Regulatory Developments and ABS...
		1 Introduction
		2 The ABS Regulatory Framework in Cameroon
			2.1 Current Situation and ABS Instruments in Cameroon
			2.2 Scope of Cameroon Draft ABS Instruments
			2.3 The Proposed Institutional Framework of the Cameroon ABS Regulatory Framework
		3 Nature of the Regulatory Tools for Access to In-Situ and Ex-Situ Materials in Cameroon
			3.1 Prior Informed Consent in the Cameroon Draft ABS Regulatory Framework
			3.2 The ABS Permit Scheme of the Emerging ABS Regime of Cameroon
			3.3 Mutually Agreed Terms in the Emerging ABS Regime
		4 Benefit-Sharing Framework of the Emerging ABS Regime of Cameroon
		5 Provider and User Compliance in the Emerging ABS Regime of Cameroon
		6 Compliance with the Nagoya Protocol
		7 Strengths and Weaknesses of the Emerging Cameroon ABS Regulatory Framework
			7.1 Strengths
			7.2 Weaknesses
		8 Conclusion
		References
		Publications
		Old Forestry, Environmental, Research and Benefit-Sharing Framework
		2018 Drafts/Emerging ABS Regulatory Framework (Not Available Online)
	The Ethiopian Access and Benefit-Sharing Regime: Stringent with a Purpose
		1 Development of Legislation
			1.1 Status of Biodiversity
			1.2 Historical Context, Influence and Aims: Stories Behind the Development of the Legislation
			1.3 Legal Background
		2 The ABS Framework
			2.1 Legislation
			2.2 Scope
		3 Institutional Framework and Mandates
		4 Application Procedures and Nature of Regulatory Tools for Access to In-Situ and Ex-Situ GR and aTK
			4.1 What Is `Access´?
			4.2 Pre-Conditions for Access: Application, PIC, MAT and Permit
			4.3 Contents of an Access Permit
			4.4 Conditions of an Access Permit
		5 ABS Agreements
			5.1 ABS Agreement for Commercial Purposes
				5.1.1 Access
				5.1.2 Use and Change of Intent
				5.1.3 Third Party Transfer
				5.1.4 Intellectual Property Rights
				5.1.5 Benefit-Sharing
				5.1.6 Sanctions
			5.2 MTA for Non-commercial Purposes
				5.2.1 Use and Change of Intent
				5.2.2 Third Party Transfer
				5.2.3 Storage and Fate of Material After Research
				5.2.4 Reporting and Results
				5.2.5 Benefit-Sharing
		6 Sanctions
		7 User Compliance and Monitoring Measures and Sanctions for Non-compliance
			7.1 Compliance Measures
			7.2 Measures to Monitor/Support Compliance
				7.2.1 Measures by EBI
				7.2.2 Measures by Checkpoints
			7.3 Compliance Checks: Who Is Checked, What Is Checked, at What Stage?
		8 Regime´s Strengths, Weaknesses and Assessment
			8.1 Concerning Compliance with the Nagoya Protocol
			8.2 General Issues
		9 Conclusion
		References
		Texts
	Abracadabra! Or When and How Will the Kenyan ABS Law Be Born?
		1 Development of ABS Legislation
			1.1 Status of Biodiversity
			1.2 Historical Context, Influence and Aims: Stories Behind the Development of the Legislation
			1.3 Legal Background
		2 Scope of ABS Framework
		3 Institutional Framework and Mandates
			3.1 National Environment Management Authority (NEMA)
			3.2 Kenya Wildlife Service (KWS)
			3.3 Kenya Forest Service (KFS)
			3.4 National Commission for Science, Technology and Innovation (NACOSTI)
			3.5 Cabinet Secretary on Matters of Culture (CS Culture)
			3.6 Others
		4 Application Procedures and Nature of Regulatory Tools for Access to In-Situ and Ex-Situ GR and aTK
			4.1 What Is `Access´?
			4.2 Pre-Conditions for Access
				4.2.1 Form of Application
				4.2.2 PICs, Permits/Licenses and Clearances
			4.3 Review of Access Application
			4.4 Pre-Export Permits and Clearances
		5 Common Content of PIC and Permit for Access to GR
			5.1 Common Content of PIC
			5.2 Common Content of Access Permits
				5.2.1 General Information
				5.2.2 Substantive Information
				5.2.3 Permit Terms and Conditions
		6 Benefit-Sharing
		7 Model Agreements
			7.1 MTA as a Conditio Sine Qua Non for Access and Transfer
			7.2 Rights and Duties
				7.2.1 Intellectual Property Rights
				7.2.2 Change of Intent/Use
				7.2.3 Third Party Transfer
				7.2.4 Non-disclosure
		8 Compliance Measures and Sanctions for Non-Compliance
		9 Regime´s Strengths, Weaknesses and Assessment
			9.1 Concerning Compliance with the Nagoya Protocol
			9.2 General Issues
		10 Conclusion
		Addendum 1: Offences and Sanctions According to Different Legislations
		References
		Books, Book Chapters and Articles
		Online Articles and Papers
		Legal Documents
	The New Law and Practice on ABS in Viet Nam: Innovations and Compliance with the Nagoya Protocol
		1 Historical Background of Development of Legislation
			1.1 Background and Influence
			1.2 Aims and Intentions of the Legislation
		2 The ABS Framework
			2.1 Key Statute and Its by-Laws
			2.2 Scope
			2.3 Institutional Framework and Functions
		3 Nature of Regulatory Tools for Access to In-Situ and Ex-Situ and aTK
			3.1 What Does the BL Understand with `Access´?
			3.2 Prior Informed Consent
			3.3 Access Permit/License
				3.3.1 Contents of a Permit/License
				3.3.2 Conditions of a Permit/License
				3.3.3 Other Permits/Licenses
			3.4 Model Agreements
		4 Benefit-Sharing
		5 Provider and User Compliance Measures
			5.1 Reporting Measures
			5.2 Contractual Clauses
			5.3 Permit Conditions Used
			5.4 Patents/Intellectual Property Rights Requirements
			5.5 Administrative Sanctions
			5.6 Involved Actors of Compliance
		6 Regime´s Strengths and Weaknesses
		7 Assessment and Suggestions
		8 Conclusion
		References
		Publications
	The Fastest Animals Are Not the Fastest Over Time: Malaysia Adopts a Comprehensive ABS Legislation After a Long Steady Effort
		1 Development of Legislation
			1.1 Status of Biodiversity
			1.2 Background
		2 Scope of ABS Legislation
		3 Institutional Framework
		4 Requirements, Procedures and Conditions for Access to In-Situ and Ex-Situ Genetic Resources
			4.1 Permit
			4.2 Prior Informed Consent of and Benefit-Sharing Agreement with ILCs
		5 Permit Conditions
			5.1 Third Party Transfer
			5.2 Change of Intent
			5.3 Records of BR and aTK
			5.4 Disposal of BR
		6 Benefit-Sharing
		7 Sanctions
		8 Provider and User Compliance Measures
		9 Regime´s Strengths, Weaknesses and Assessment
			9.1 Concerning Compliance with the Nagoya Protocol
			9.2 Other Issues
		10 Conclusion
		References
		Bibliographical Material
		Online Sources
		Policy Documents and Legislation
	Access and Benefit-Sharing Law and Policy in South Korea
		1 Introduction
		2 Development of Legislation
		3 The ABS Framework
			3.1 Scope
			3.2 Institutional Framework
		4 Nature of Regulatory Tools for Access to Genetic Resources and Associated Traditional Knowledge
			4.1 Reporting Access to Korean Genetic Resources and Prior Informed Consent
			4.2 Procedural Compliance Reporting on Foreign Genetic Resources
			4.3 Application for Verifying the Establishment of Mutually Agreed Terms
		5 Sanctions and Compliance with the Nagoya Protocol
		6 Benefit-Sharing
		7 Regime´s Strengths and Weaknesses and Suggestions
		8 Conclusion
		References
		Articles
		Reports
		Webpages
	ABS in Australia: A Story of Early Success and Faltering Progress
		1 Background: Geography, Biodiversity, Indigenous Peoples and Industry
		2 Evolution of ABS in Australia
			2.1 Section 301 of the EPBC Act
			2.2 Policy Investigation
		3 Ownership of Genetic Resources in Commonwealth Areas
			3.1 Commonwealth Areas
			3.2 Ownership of State and Territory Genetic Resources
		4 Origins of Australia´s ABS Laws: Commonwealth Public Inquiry on Access to Biological Resources in Commonwealth Areas (the Vo...
		5 Development of Underlying Principles: Addressing Stakeholder Concerns
		6 Acceptance of the Bonn Guidelines
		7 The Commonwealth ABS System
		8 Indigenous Peoples´ Land Leased to the Commonwealth
		9 Drivers for the Commonwealth ABS System
		10 Challenges and Innovations
			10.1 Definition of Terms: `Access´ and the Concept of `Utilization´
			10.2 Electronic Verification of Permits
			10.3 Model Contracts
			10.4 Consultation and Informed Consent
			10.5 Permits for Non-commercial Use
			10.6 Progress to a Digital Atlas of Living Australia
		11 Delay and Ratification
		12 Pressure for Change
			12.1 State Responses: Western Australia
			12.2 State Responses: Queensland
		13 Conclusion
		References
		Book Chapter
		Legislations
		Western Australia
		Queensland
		Reports/Inquiries
		Website Links
	The ABS Compliance Regime of the European Union
		1 Overview of Legislation of Provider and User States
		2 Objectives
		3 Overview of Instruments
		4 What Activities Are Subject to What Basic Duties?
			4.1 What Are Genetic Resources?
			4.2 What Kinds of Genetic Resources Are Included in or Excluded from Scope?
				4.2.1 Material Scope
				4.2.2 Temporal Scope
				4.2.3 Geographical Scope
			4.3 Is Access Subject to EU Based Duties?
			4.4 What Is a User of Genetic Resources? What Is Utilization?
				4.4.1 Is Basic Research out of Scope?
				4.4.2 Are GR Used as Research Tools Out of Scope?
				4.4.3 How Is RandD Distinguished from Uses of GR ``as Such´´?
				4.4.4 Is a Researcher a User if Acquiring GR from Intermediaries?
				4.4.5 Is a Researcher a User If Working on Information Obtained from Public Databases?
			4.5 What Basic Obligations Does a User Have Concerning Access Conditions?
				4.5.1 Ascertaining the Lawfulness of Access
				4.5.2 Acquisition from Intermediaries
				4.5.3 Acquisition from Databases and Other Publication Media
				4.5.4 Documentation Duties
				4.5.5 Transfer of Rights and Obligations to Third Parties
			4.6 What Basic Duties Has a User in Respect of the Utilization Itself?
				4.6.1 Are Utilization Conditions in the Scope of Basic Duties at all?
				4.6.2 How Are Conditions Concerning Commercial Utilization to Be Understood?
				4.6.3 Are Utilization Conditions Binding if Flagged in Public Databases?
		5 What Activities Are Subject to What Means of Administrative Oversight?
			5.1 What Declarations Have to Be Made at What Stages of RandD?
			5.2 What Additional Checks May the Competent Authorities Undertake?
			5.3 What Authorities Are Competent for What?
			5.4 Transparency and Public Participation of ABS Proceedings
		6 What Basic Duties and Administrative Oversight Apply to Activities Subsequent to Utilization?
			6.1 What Basic Duties and Administrative Oversight Apply Concerning Subsequent Applications and Commercialization?
			6.2 What Basic Duties and Administrative Oversight Apply Concerning Generated Benefits?
		7 What Specifics Apply for ABS Concerning Traditional Knowledge?
		8 Conclusion
		References
		Books/Book Chapters and Articles
		Legal Documents
		Reports
		Model Clauses
		Website Links
	Access and Benefit-Sharing Regime of Spain: Striking the Right Balance Between Its Interests as a Provider and a User of Genet...
		1 Background
		2 Legal Framework
			2.1 Legislation
			2.2 Scope of the Legislation
			2.3 Institutional Framework and Access Procedures
			2.4 Traditional Knowledge
			2.5 Access Permits
			2.6 Benefit-Sharing and Model Agreements
			2.7 Compliance Measures
		3 Assessment
		4 Conclusions
		References
		Bibliographical References
		Legal References
	The Post Nagoya Protocol ABS Regime in France: Exploring the Extent to Which It Upholds the Obligations of the Protocol
		1 Introduction
		2 The Access and Benefit-Sharing Regulatory Framework of France
			2.1 Scope of the ABS Regulatory Framework
			2.2 The Institutional Framework for ABS in France
		3 The Nature of the Regulatory Tools for Access to France´s Genetic Resources and Associated Traditional Knowledge
			3.1 PIC in the ABS Regulatory Framework of France
			3.2 Decision on Declaration and Authorization in the ABS Regulatory Framework of France
			3.3 MAT, Enforcement, Alignment and/or Compliance of the Access Procedures with NP
		4 The Benefit-Sharing Approach of the ABS Regulatory Regime of France
		5 Compliance Measures in the ABS Regulatory Framework of France
		6 Compliance with the Nagoya Protocol
		7 Strengths and Weaknesses of the ABS Regulatory Framework of France
			7.1 Strengths
			7.2 Weaknesses
		8 Conclusions
		References
		Publications
		France
Part III: Implementation Experiences and Lessons
	Post Nagoya Protocol Experiences of Basic Research in Ecuador
		1 Introduction: Ecuador as a Member of the Community of Andean Nations and as a Party to the NP
		2 Ecuador´s Implementation of the NP: Consequences for Biodiversity Research
		3 Academic, Non-commercial Research Projects in Ecuador Using Biological Materials
			3.1 The Pre-Nagoya Protocol Phase
			3.2 The Post-Nagoya Protocol Phase
				3.2.1 A Research Program Spanning the Transition Phase Between Pre- and Post-Nagoya Protocol
				3.2.2 Obligations in the Initial Research Permits and Changes Caused by the Framework Treaty
			3.3 Research Under the Umbrella of INABIO: The Latest Research Project (2018-2020)
		4 Benefit-Sharing
		5 Conclusion
		References
		Books/Articles
		Links
	Rights Over Genetic Resources and Ways of Monitoring the Value Chain. A Case Study from the Royal Botanic Gardens, Kew
		1 Introduction
		2 Royal Botanic Gardens, Kew
		3 Development of an ABS Policy
		4 Development of Agreements
			4.1 Memoranda of Collaboration
			4.2 Access and Benefit Sharing Agreement
			4.3 Analysis of Key Terms in Model Agreements Used at Kew Relating to Monitoring the Value Chain
				4.3.1 Use of the Material
				4.3.2 Commercialization
				4.3.3 Permissions to Collect, Transfer and Study the Material
				4.3.4 Transfer to Third Parties
				4.3.5 Benefit-Sharing
				4.3.6 Reporting Requirements
			4.4 Key Restrictions in Agreements
		5 Overseas Fieldwork Process
		6 Best Practices and Codes of Conduct
		7 Conclusion
		8 Review and Recommendations
		References
		Collections Strategy
		Links
	First Experiences in the Implementation of the EU ABS Regulation in Germany
		1 Introduction to the EU ABS Regulation and the German Implementing Act
		2 Due Diligence Declarations
			2.1 Understanding of Checkpoints
			2.2 Value of Due Diligence Declarations for Compliance Monitoring
		3 Compliance Checks
			3.1 Risk-based
			3.2 Substantiated
			3.3 Practical Challenges
		4 Registration of Collections
			4.1 Registration Process
			4.2 Registration Requirements
		5 Recognized Best Practices
		6 Awareness Raising
		7 Conclusion
		References
		Articles
		Studies, Reports and Presentations of State Officials
		Legal Texts
	Due Diligence and the Regulation of Transnational Economic Activity: Regulation (EU) No 511/2014 Compared to Other EU Due Dili...
		1 Introduction
		2 Conceptual Background of Due Diligence
			2.1 Public International Law
			2.2 International Business Law
			2.3 EU Corporate Social Responsibility (CSR) Regulation
		3 EU Schemes of Regulatory Due Diligence (DD)
			3.1 Elements and Actors of EU Due Diligence
			3.2 EU Regulatory Environment
			3.3 EU Due Diligence Schemes in Comparison
				3.3.1 Reg. (EU) 995/2010 Laying Down the Obligations of Operators Who Place Timber and Timber Products on the Market
				3.3.2 Monitoring, Reporting and Verification (MRV) of CO2 Emissions from Large Vessels-Reg. (EU) 2015/757 (as Amended by Deleg...
				3.3.3 Reg. (EU) 2016/679 on the Protection of Natural Persons with Regard to the Processing of Personal Data and on the Free M...
				3.3.4 Reg. (EU) 2017/821 Laying Down Supply Chain Due Diligence Obligations for Union Importers of Tin, Tantalum, Tungsten, Th...
			3.4 Interim Conclusion
		4 Lessons to Be Learnt for Articles 4.1 and 4.5 Reg. 511/2014
			4.1 Procedural or Substantive?
			4.2 A Shift of Responsibilities?
			4.3 The Objective Standard of Care: Or ``What Ought to Be Done?´´
			4.4 The Subjective Standard of Care or ``What Ought to Be Known?´´
			4.5 The Professional Standard: A Firm´s Capacities
		5 Conclusion
		References
		Books and Chapters
		Journals and Articles
		Proceedings and Conference Papers
		Online Publications
		Other
		Policy Documents
		Cases
Part IV: Unresolved Issues and Solutions to Implementation Challenges
	Digital Sequence Information on Genetic Resources and the Convention on Biological Diversity
		1 Introduction
			1.1 Background
			1.2 Policy Process
			1.3 National Responses
			1.4 Main Questions
		2 What Is  DSI?
			2.1 Terminology
			2.2 Scope of the Concept
		3 DSI as a Component of ABS
			3.1 Sovereign Rights, the CBD and the Nagoya Protocol
			3.2 Does DSI Fall Under the Sovereign Rights of the Provider Country of the Genetic Resource?
			3.3 Can DSI Be Within Scope of the CBD?
		4 Implementation of National Legislation Covering DSI
			4.1 Inclusion in PIC and MAT When GR Are Accessed
			4.2 Stating Country´s Sovereign Rights to DSI That Has Already Been Generated and Is Held in a Database
			4.3 Use of Article 5 (1)
		5 Moving Forwards
		References
		Books and Journal Articles
		Legal and Policy
		Reports, Submissions and Decisions
		Conference Proceedings
		Website Links
	Lessons from Writing Binding and Enforceable ABS Contracts. A Contract Solution to Digital Sequence Data in ABS
		1 Stocktaking on Implementation
		2 Fundamental Challenges to ABS
			2.1 Access for Non-commercial Purpose When the Objective Is to Make the Resource Available for Others
			2.2 Potential Loop-Holes: Bio-trade and Digitalization
		3 Golden Rules for Contract Drafting
			3.1 Contract Drafting: An Interdisciplinary Challenge Between Biology and Law
			3.2 Be Clear, Specific and Dynamic, But Not Narrow
			3.3 Opt for the Positive Regulation Rather Than Attempt Prohibitions
			3.4 Regulate the Whole Scenario in the Original Contract
		4 How to Define Biological Material into Written Subject Matters of Contractual Obligations
		5 The Most Important Non-monetary Benefit-Sharing Obligation: Free Use of Any Result
		6 Research Results from Screening or Scanning: Digital or Synthetic Use of Information
		7 Conclusions
		References
		Book Chapters
		Journal Articles
		Studies and Others
	Cases and Questions in Application of ABS Regimes
		1 Provider State Cases
			1.1 Cooperation of Internal and External Researchers
			1.2 Multiple Permits
			1.3 Publication of Research Results
			1.4 Consent of Indigenous Communities
		2 User State Cases
			2.1 Temporal Scope
				2.1.1 Utilization Before Entering into Force of the EU Compliance Regime
			2.2 Geographical Scope
				2.2.1 US Based RandD on GR Accessed in Nagoya Countries
			2.3 Material Scope
				2.3.1 Screening a Number of Plants
			2.4 Information Stored at and Taken from Public Databases or Print Media
				2.4.1 MAT Conditions Concerning Published Data
				2.4.2 MAT Conditions Concerning Publication of RandD Results
			2.5 Contributions or Not to Product Development
				2.5.1 Research ``on´´ and ``with´´ GR
				2.5.2 Research Without Modification
			2.6 Bulk Uses or Utilization?
				2.6.1 Change of Intent from Consumption to RandD
				2.6.2 Known Properties and New RandD
				2.6.3 Propagation and Cultivation of GR
			2.7 Technological Application
				2.7.1 Studying Mechanisms of a Lawfully Acquired GR
				2.7.2 Purchase of Derivatives
			2.8 Regularization
				2.8.1 Ex Post PIC and MAT
				2.8.2 Transfer to Third Parties of Unlawfully Obtained GR
			2.9 Due Diligence in Ascertaining Provider State Requirements
				2.9.1 Unresponsive Provider State
				2.9.2 ABS Clearance Declaration
			2.10 Benefit-Sharing
				2.10.1 ABS and Patenting
				2.10.2 ABS and Plant Variety Protection
				2.10.3 Sharing of Benefits Accruing to the Buyer of a Patent on Accessed GR Information
			2.11 Cut-off Points
		References
		Legal Documents