Access and Sharing Benefit from the Same Plant Genetic Resources in Neighboring Countries
Keywords:
Same Plant Genetic Resources, Access and Benefit Sharing, Sovereign Rights of State, Multilateral Benefit Management.Abstract
This research on the problem of access and benefit sharing from the same plant genetic resources in neighboring countries aims to study principles and concepts as well as the laws applicable to such cases at the international and national level including Thailand, Vietnam, Laos, Cambodia and Malaysia to find a solution.
The study found the following result. According to the Convention on Biological Diversity, the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization and the International Treaty on Plant Genetic Resources for Food and Agriculture, a country wishing to exploit any plant genetic resources in other country’s territory shall request a permission to access and agree on the benefit sharing with the country governing the territory. However, the existing applicable law failed to cover the benefit sharing from the same plant genetic resources resident in many countries, the countries having restricted access cannot receive the benefit sharing.
The research provides a two-step solution as follows. Firstly, the benefit sharing agreement in the regional level among relevant countries in bilateral or trilateral cooperation should be reached by considering the sovereign rights of the state. The term of use of same plant genetic resources” and “Plant taxonomy” should be defined in the agreement. Also, the regional funds should be founded. Secondly, a cross-border cooperation measures in the Nagoya Protocol and a global multilateral mechanism should be outlined for benefit sharing in accordance with Article 10 of the Nagoya Protocol.
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