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1999 MOSAICC compared to 2001 CBD BONN GUIDELINES. Philippe Desmeth BCCM international cooperation officer. Belgian Coordinated Collections of Micro-organisms. Bonn Guidelines on ABS / top down process.
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1999 MOSAICC compared to 2001 CBD BONN GUIDELINES Philippe Desmeth BCCM international cooperation officer Belgian Coordinated Collections of Micro-organisms
Bonn Guidelines on ABS / top down process • 31 October 2001 publication of “Draft Bonn Guidelines on Access to Genetic Resources and Fair and Equitable Sharing of the Benefits Arising out of their Utilization” UNEP/CBD/COP/6/6. • MOSAICC / bottom up process • Remarkable convergence of top down and bottom up processes • Bottom up approach finalised well before top down results • Both in favour of the development of MTA • Stands for «Micro-Organisms Sustainable use and Access regulation International Code of Conduct » • Since 1999, at http://www.belspo.be/bccm/mosaicc
Objectives • To provide Parties and stakeholders with atransparent framework to facilitate access to genetic resources and ensure fair and equitable sharing of benefits; • MOSAICC purposes: to facilitate access to microbial genetic resources (MGR) and to help partners to make appropriate agreements when transferring MGR. Key features • The guidelines are voluntary • MOSAICC is avoluntarycode of conduct Relationship with other int’l regimes • The guidelines should beapplied in a manner that is coherent and mutually supportive of the work of relevant international agreements and institutions. […] • MOSAICC is a way to translate the principles of the CBD into practical procedures for transferring MGR; taking into account the TRIPS agreement and the Budapest Treaty.
Prior Informed Consent • Prior informed consent for access to in situ genetic resources shall be obtained from the Contracting Party providing such resources, through its competent national authority(ies),... • MOSAICC Prior Informed Consent procedure forin situ sampling: apply to competent authority for authorization. Material Transfer Agreement • The following principles or basic requirements could be considered for the development of mutually agreed terms: […] developing standardized material transfer agreements. • MOSAICC operating principles: […]: b) transfer of MGR occurs under Material Transfer Agreement the terms of which are defined by both recipient and provider. • Suggested elements for MTA: “type of genetic resources”, commercial use or not, “mechanisms of benefit-sharing”, “monetary and non-monetary benefits”, ... • MTA contents check list: Basic terms: description of MGR Use specific terms: commercial or non commercial use Benefit-sharing terms: monetary and non-monetary
From MOSAICC to MTA at the Belgian Coordinated Collections of Micro-organisms
Characteristics of BCCM MTA http://bccm.belspo.be/services/bccm_mta.php • Neither the first nor the only MTA • Combine CBD, TRIPS and other relevant international conventions • Objectives: • To enable tracking* of microbial resources and allow benefit sharing • To preserve intellectual property rights of inventors • To guarantee quality of microbial resources and related information • To protect culture collections by limiting their liability First MTA, from 2004 to 2007 - Second MTA, since 2007 Main change between 1st and 2nd version: no difference made between commercial and not for profit purposes * For tracking solutions see Integrated Conveyance System report at http://bccm.belspo.be/projects/mosaics/reports/index.php