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ABS Procedure
(PRO)
last updated: 10 Jun 2021
Research and commercial utilization of genetic resources and/or its associated traditional Knowledge
EN
National / Federal
Person:Dr. Karma Dema DorjiProgram Director, National Biodiversity CentreSerbithangThimthrom, Thimphu
11001, BhutanPhone: +975-2-351218/ 351417,Fax: +975-2-351219,Email: kddorji@moaf.gov.bt,Website:
A potential user needs to fulfill the following key conditions to apply for access;
a) The user should respect the cultural and spiritual values of the Bhutanese people,
b) The user should be committed to being an ethical, reliable, committed and transparent partner.
c) The user should support in-country research and commercial utilization of Bhutan’s genetic resources and associated traditional knowledge through technology transfer and collaborative research
d) The user needs to be in for a mutually beneficial and respectful long-term relationship.
e) The access should generate tangible benefits for the country
f) The access should also result into fair and equitable sharing of benefits for the communities
g) The collaboration should strengthen national capacities.
h) The access should not harm the country in any way.
The ABS procedure is as explained below:
Access to Bhutanese genetic resources and/or associated traditional knowledge for research and commercial utilization is guided by the Access and Benefit Sharing Policy of Bhutan 2015 and Biodiversity Act of Bhutan 2003. Access is divided into two phases: a Scoping Phase and an Actualization Phase with differing conditions for each phase.
Scoping Phase: The Scoping Phase refers to the period before the Actualization Phase during which the user is granted access to genetic resources and/or associated traditional knowledge for the initial exploratory phase of research and development with the aim of establishing market or research potential. The Scoping Phase is permitted through a Scoping Agreement executed between the National Focal Point and the user once the access proposal is received and reviewed by the National Focal Point and approved by the Competent National Authority.
Access to Bhutanese genetic resources and/or associated traditional knowledge for research and commercial utilization is guided by the Access and Benefit Sharing Policy of Bhutan 2015 and Biodiversity Act of Bhutan 2003. Access is divided into two phases: a Scoping Phase and an Actualization Phase with differing conditions for each phase.
Scoping Phase: The Scoping Phase refers to the period before the Actualization Phase during which the user is granted access to genetic resources and/or associated traditional knowledge for the initial exploratory phase of research and development with the aim of establishing market or research potential. The Scoping Phase is permitted through a Scoping Agreement executed between the National Focal Point and the user once the access proposal is received and reviewed by the National Focal Point and approved by the Competent National Authority.
Actualization Phase: The actualization phase refers to the period when specific steps are undertaken to commercialize or engage in focused research on genetic resources and/or associated traditional knowledge. It includes, but is not limited to applications for intellectual property rights, product development, and testing and marketing. It is governed by the ABS Agreement which is executed between the users and the providers of genetic resources and/or associated traditional knowledge, under the guidance of the National Focal Point.
Any user seeking access to the genetic resources and/or associated traditional knowledge has to submit an access proposal to the National Focal Point, who will review and assess the proposal for submission to the Competent National Authority for appropriate action. If the access proposal is rejected, the National Focal Point will communicate the decision to the user. If the access proposal is approved, the National Focal Point will facilitate access through execution of one of the following agreements.
1. Scoping Agreement
2. ABS Agreement
3. Material Transfer Agreement
4. Standard Material Transfer Agreement
The step by step ABS procedure is explained in a flow chart attached below.
Yes
The applicant needs to provide the following documents along with the application.
1) Profile of the organization
1) Profile of the organization
2) Notarized copy of Company Incorporation Certificate or equivalent/CV of Foreign applicant in case of individual.
3) Notarized copy of passport of foreign applicant (if investor is individual).
4) Power of Attorney for the authorized representative/contact person (if applicable)
5) Board of Directors’/Shareholders’ resolution of the foreign company (if applicable)
Yes
There is a processing fee of USD 500 and a commitment fee of USD 5000 for execution of a Scoping/ABS agreement. However, there is no fees for processing a non-commercial access such as Material Transfer agreement.
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- Access to genetic resources (Article 15 of the CBD)
- Nagoya Protocol
- ABS legislative, administrative or policy measures
- ABS agreements
- All types of genetic resources
- All areas of access of the genetic resource
- Users of genetic resources
- Intellectual property rights
- Relevant international agreements, instruments and organizations
The processing period of non-commercial application is 10 working days. However, in case of commercial applications, the timeline varies depending on the nature of the application and the application process may take a few days to years depending on how the negotiations progress.
