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Explore the guidelines of MOSAICC and MTA for transparent access to genetic resources and fair benefit sharing, aligning with international agreements. Learn the importance of Prior Informed Consent and Material Transfer Agreements for sustainable use. Track microbial resources, ensure benefit sharing, protect intellectual property, and guarantee quality.
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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