Loading...
This record has been deleted. Since it is linked to a published record, it is available here for reference purposes only.
Click here to view the deleted record本文档已更新。这不是最新发布的版本。 单击此处查看该记录的最新版本。
获取和惠益分享程序
(PRO)
published: 13 3月 2020
last updated: 10 6月 2021
Research and commercial utilization of genetic resources and/or its associated traditional Knowledge
EN
国家/联邦
个人：Dr. Karma Dema DorjiProgram Director, National Biodiversity CentreSerbithangThimthrom, Thimphu
11001, 不丹电话号码： +975-2-351218/ 351417,传真： +975-2-351219,电子邮箱地址： kddorji@moaf.gov.bt,网站:
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.
是
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)
是
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.
ABSCH-MSR-BT-240076-2
该链接记录已被删除。
立法、行政或政策措施
The ABS Policy of Bhutan 2015
Vision
The conservation and sustainable use of Bhutan’s biological heritage through securing the economic, social and spiritual well being of the Bhutanese people.
Scope
The National ABS Policy covers the research and commercial utilization of Bhutan’s genetic resources, their derivatives and associated traditional knowledge. It does not apply to access of
human genetic resources.This policy excludes biological resources when traded, shared,exchanged and used as commodities. If biological resources traded as commodities are later utilized as genetic resources for research and/or commercial purposes, such utilization shall be covered by the scope of this policy. This policy further excludes the use, sharing and exchange of traditional knowledge within and between local communities. If such knowledge is utilized beyond its traditional context for commercial and/or research purposes, such use shall be covered
by the scope of this policy.
- Access to genetic resources (Article 15 of the CBD)
- Nagoya Protocol
- ABS legislative, administrative or policy measures
- ABS agreements
- 各类遗传资源
- 获取遗传资源的所有地区
- 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.
