Training skills for successful Access and Benefit Sharing (ABS) contract negotiations

Training skills for successful Access and Benefit Sharing (ABS) contract negotiations

The concept of legally binding contracts dates back over 4,000 years. It is based on well-established principles and practices in all legal systems on the planet. However, news challenges arise from the fact that the emerging frameworks to implement the Nagoya Protocol on Access to Genetic Resources and Benefit-Sharing (ABS) adds atypical elements that have never before been addressed by contract law. An ABS contract is an agreement between governments, indigenous peoples and local communities (IPLCs), researchers and / or companies regarding access to and use of genetic resources and associated traditional knowledge. The main purpose is to ensure the sharing of benefits arising from subsequent use, application and commercialization. Although every ABS contract is unique in its benefit-sharing section, it nevertheless shares certain characteristics with ordinary contracts. The training aims at legal and technical experts dealing with biodiversity, research and development and commercial use of genetic resources.