Marine genetic resources and the access and benefit-sharing legal framework

Abstract

The legal landscape regulating the access to and utilization of genetic resources has changed with the entry into force of the Nagoya Protocol in 2014, and the adoption of the related EU Regulation on user compliance in 2014. Moreover, many countries are now adopting laws that regulate access to their genetic resources. This has clear implications for scientists working on genetic resources, including those doing taxonomic and biotechnology research on marine microorganisms. The first part of this chapter informs the scientific community on the Access and Benefit-Sharing (ABS) legal framework, including a focus on their application to marine genetic resources, for which the United Nations Convention on the Law of the Sea (1982) is also relevant. The difference between (domestic) access legislation to genetic resources, and the compliance mechanisms, such as the EU Regulation 511/2014 is explained in detail. A more practical description of ABS related obligations is then presented in a step-by-step approach, which can serve as a basic guideline for scientists.