Abstract:

Legal uncertainty, lack of clarity and administrative inaction are not a good recipe to facilitate sustainable biodiversity businesses. With the entering into force of the CBD Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization, there is a new opportunity to improve the synergies for access to genetic resources and benefit sharing (ABS) in the context of BioTrade, and in turn contribute to legal certainty on this particularly important matter in regards to sustainable use of biodiversity. Though historically BioTrade has moved in the realm of sustainable biodiversity businesses, particularly with biological resources and certain ecosystem services, questions remain regarding when and how genetic resources become part of BioTrade and most importantly, whether ABS policy and legal frameworks are applicable or not. Implementing the Nagoya Protocol in regards to BioTrade will require guidance as to how BioTrade and ABS positively interact and generate complementarity. When and how ABS requirements may be applicable to BioTrade is key to creating the enabling policy and regulatory environments.