Research on genetic resources: What do I need to consider?
Since the entry into force of the Convention on Biological Diversity (CBD, 1993) and the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the Convention on Biological Diversity (Nagoya Protocol, 2014), biological objects, so-called genetic resources, are no longer freely available for research, but are subject to the sovereign right of disposal of the countries in which they naturally occur.
If a genetic resource is to be accessed as part of research activities, this access and the subsequent "utilization" of the genetic resource in the form of research can be accompanied by a variety of obligations:
The state from which the genetic resource originates (the so-called provider state) may require that access to the resource is only permitted with its prior consent and that the benefits derived from the utilization must be shared with it.
The same regulations also apply to traditional knowledge of indigenous and local communities that relates to genetic resources (so-called traditional knowledge). This procedure is referred to as "access and benefit sharing" (ABS).
Checklist
Genetic resources comprise any genetic material of actual or potential value, as long as it is of plant, animal, microbial or other origin and contains functional units of heredity.
Traditional knowledge about genetic resources (indigenous knowledge in the population) is legally equivalent to genetic resources.
No, the country from which the genetic resource was or is to be obtained must be a party to the Nagoya Protocol. ( see https://www.dfg.de/download/pdf/dfg_im_profil/gremien/senat/biologische_vielfalt/nagoya_erlaeuterungen_wissenschaftliche_einrichtungen.pdf).
If, in your opinion, the scope of application could be opened, please contact the Legal Department 3.1 well before the start of the research : Ines Ratay, ines.ratay@zv.uni-siegen.de, Tel.0271-740 5289. We will take care of the further procedure.
Detailed information on the scope of application of the Nagoya Protocol/CBD can be found here: https: //www.dfg.de/download/pdf/dfg_im_profil/gremien/senat/biologische_vielfalt/nagoya_erlaeuterungen_wissenschaftliche_einrichtungen.pdf
