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The Japanese Guidelines on Access to and Benefit-sharing of Genetic Resources for Users

The Japanese Guidelines on Access to and Benefit-sharing of Genetic Resources for Users. 27 and 28 November 2006, Costa Rica Seizo Sumida. Japan Bioindustry Association.

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The Japanese Guidelines on Access to and Benefit-sharing of Genetic Resources for Users

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  1. The Japanese Guidelines on Access to and Benefit-sharing of Genetic Resources for Users 27 and 28 November 2006, Costa Rica Seizo Sumida

  2. Japan Bioindustry Association • A nonprofit organizationdedicated to the promotion of bioscience, biotechnology and bioindustry in both Japan and the rest of the world. • Created by the support of industry, academia and government in1942. • Only organizationof its kind in Japan . • Members :240major companies from many industrial sectors,90public institutes and1,230individuals from academia, industry and public sectors.

  3. Background Japan ratified the CBD in 1993.2. Ministry of Economy, Trade and Industry (METI) is a National Competent Authority for ABS.3. Japan Bioindutry Association (JBA) has been implementing CBD-related projects on behalf of METI, since 1993.

  4. Background, continued 4. Implementation of the Bonn Guidelines: JBA organized public seminars throughout Japan for industry users in 2002-2003.5. Users Suggestions: the Bonn Guidelines are too general for users, & could be made more useful for practical purposes.6. Need for Practicality: METI and JBA decided to develop ‘user-specific guidelines’ based on CBD and the Bonn Guidelines.

  5. Lessons learned Pragmatism: Providing ‘Practical Tools’ is as important as providing Principles.

  6. METI-JBA’s Being disseminated since 1 April 2005by public Seminars in Major Cities in Japan ‘Guidelines on ABS for Users in Japan’

  7. Target of the Guidelines Industry & Academia

  8. METI & JBA’s Additional Services for Users 1. Information Service: CBD-related Laws & Regulationin Overseas Countries (http://mabs.jp/) 2. Help Desk: To help users resolve their problems

  9. Additional Services for Users, continued 3. Bilateral Workshops and Visits with Other Governments • Information exchange: on the national policy, laws and regulatory system with potential partner countries • Mutual understanding of respective national situations

  10. The Principles of CBD and the Bonn Guidelines Country Providing GR Japan Government PIC National Laws, Measures, etc Contract Conclusion Support by JBA & METI Users of GR GR Providers & Relevant Parties PIC Laws, Practices, etc MAT Contract Execution Dispute Resolution Structure of the Guidelines on ABS for Users in Japan

  11. Gray Areas and Solutions

  12. Gray Areas 1. General • What is Genetic Resource? • What is Traditional Knowledge? • Who are Indigenous People? • How to prove Country of Origin? 2. Specific • Unconventional use of Commodities • Microorganisms that grow on imported materials • Others

  13. Solution The Japan’s Guidelines say: • Follow the national laws and measures of the providing country under consideration. • If ABS law is not in place in that country, develop agreement in light of CBD and the Bonn Guidelines, and have it authorized by its government.

  14. Solution, continued Create a streamlined procedure by bilateral arrangement: For example, • Use of ‘Commodity’ for unconventional purposes

  15. Supply Chain of Commodities Companies (Food, Cosmetics, Perfume, etc) Intermediate Traders Intermediate Manufactures Source Country Specialized Wholesalers Import Traders Export Traders Suppliers Government

  16. What would you suggest? Examples: • Microorganisms that grow on imported materials (e.g. sweet potato) • Microorganisms in traditional fermented foods • Genetic samples that are brought in by an overseas client for custom analysis

  17. Future Direction • Users of genetic resources tend to look for prompt clarification. • However, consensus building on ‘definitions’ in a multi-lateral forum is a slow process. • A practical approach may be to keep accumulating successfully arranged cases.

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