Arianna Broggiato

Global scientific research commons under the Nagoya Protocol: Towards a collaborative economy model for the sharing of basic research assets

Highlights • Develops a collaborative economy model for sharing research materials for biodiversity research.• Presents a world-wide survey on collaborative practices in global research for sustainability.• Shows the limits of relying on internalized motivations only to build a collaborative economy.• Provides inputs for the implementation of the Nagoya Protocol for non-commercial research.

Global Scientific Research Commons under the Nagoya Protocol: Governing Pools of Microbial Genetic Resources

Sharing of basic research assets in so-called scientific research commons has proven key to research contributing to the conservation and sustainable use of biodiversity, and in the life sciences more generally. As a result, in practice, many research assets are accessed and exchanged under public domain-like conditions. This chapter aimed to show that it is possible to build upon these practices in the implementation of the Nagoya Protocol, so as to ensure that this implementation is supportive both of the scientific research commons and the objective of fair and equitable access and benefit-sharing. In particular, we showed that this is possible by further building upon the standard contracts for the access of public research assets that are currently in use in many areas of the scientific research commons, by adopting a broad interpretation of the notion of non-commercial research under the Protocol in combination with appropriate benefit-sharing conditions for capacity building and technical services with basic research assets in the provider countries. In addition, to take this vision forward, this chapter discussed three institutional options for building standardised ABS approaches in global research commons.

Meeting report: 2nd workshop of the United States culture collection network (May 19–21, 2014, State College, PA, USA)

This report summarizes the activities and outcomes of the second workshop of the US Culture Collection Network, formally an activity of the US National Science Foundation sponsored Research Coordination Network for a Community of ex situ Microbial Germplasm Repositories. The workshop included presentations on topics as diverse as permitting for genetically engineered plant pest organisms to facilitating strain exchange via formal material transfer agreement systems and codes of conduct. Short talks introduced diverse collections held by government, university, and private entities. Participants visited living microbe collections as well as active research and production facilities.

Exploration and Exploitation of Marine Genetic Resources in Areas beyond national Jurisdiction and Environmental Impact Assessment

This part of the EJRR hosts reports in which our correspondents keep readers up to date on the most recent developments in different areas of risk regulation. Our aim is to fuel the debate and trigger future research on cutting-edge risk subjects. The Reports are organised under different policy sections. Further sections will be added at regular intervals. If you are interested in contributing to any of the existing sections, please contact the Reports Editor at enrico.bonadio.1@city.ac.uk

Chapter 13. Governing Global Scientific Research Commons under the Nagoya Protocol

This chapter highlights the social motivations that play a role in the complex non-monetary incentive mechanisms that drive science and innovation in the research commons. It contributes to better global regulation of the scientific research commons in the specific context of the obligations under the Nagoya Protocol on access and benefit-sharing (ABS). The chapter presents the survey on access and use patterns in the global scientific research commons, by focusing on the particular case of globally networked public collections of genetic resources. It also analyses how to create the best possible institutional fit with the access and use patterns highlighted through the surveys, by discussing respectively a set of institutional and legal options for implementing the Nagoya Protocol in the scientific research commons. Keywords:access and benefit-sharing (ABS); access and use patterns; genetic resources; global scientific research commons; Nagoya Protocol

Introduction: Access Benefit-Sharing and the Nagoya Protocol:The Confluence of Abiding Legal Doctrines

This chapter illustrates an innovative perspective aimed at demonstrating that the inception of the international legal regime related to the management of genetic resources and traditional knowledge long predates the discussion on ABS of the CBD, and is the product of the interaction of different legal fields: the international law on development, trade, environment and intellectual property protection.

Genetic Resources in a Multi-layered Institutional Cake: The Regulation of Access and Benefit-sharing in Belgium

This chapter analyses how original the Belgian context is – and especially the federal nature of the regime – for the implementation of the Nagoya Protocol. To what extent must the Belgian legal order and environmental policies be adapted in order to comply with the Protocol? What are the political and institutional challenges the ratification process will have to face? These questions are not only interesting per se: the Belgian case is interesting as it allows us to broach some of the governance issues federal states are likely to present when implementing environmental treaties. In addition, Belgium is a key user of genetic resources.