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Addressing the problems of access : Protecting sources, while giving users certainty

… practical application is the difference between the normal acquisition of biological resources and "access to genetic … acknowledge the difference between the owners of the land, from which the spec- imen is collected, the owner of … the genetic resource, or authorizes the entrance to the land where the resource is located or to the ex-situ …
18 Jun 2026 Literature See it in ECOLEX · This content is provided by ECOLEX

Contracting for ABS: The legal and scientific implications of bioprospecting contracts

… virtually all countries the rules gov- erning ownership of land and permanently constructed improvements are very … are governed by each country’s existing ‘real property’ (land and buildings) law. Neither claim is generally supported … 15.3, discussed above. The standards for proving such an acquisition are not yet agreed. If it has happened, the …
18 Jun 2026 Literature See it in ECOLEX · This content is provided by ECOLEX

An Explanatory Guide to the Nagoya Protocol on Access and Benefit-sharing

… random bioprospection; no further information available/acquisition of sample of completely unidentified resources … rights regarding access to biological resources on private land or to create specific rights over the genetic resources … knowledge or any other intended activity on their land occurs according to their customary laws. Overall, BCPs …
18 Jun 2026 Literature See it in ECOLEX · This content is provided by ECOLEX

A moving target : Genetic resources and options for tracking and monitoring their international flows

… of documentation requirement that involves proof of legal acquisition of the materials, i.e. acquisition compliant with … to discharge “process water” into a river, or even onto land (where it will seep into groundwater). That permit will … correct. Challenges for the Development of a Certificate land, or some other commodity, that the purported seller did …
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Mainstreaming Gender Equality and Equity in ABS Governance

… These include, among others, differences in relation to land and resource rights, possibilities for advancement at … 10 percent of women farmers in developing countries own land.4 Box 2. The Key Role of Women in Agriculture Women … with the provisions of the international regime 2. Any acquisition, appropriation or utilisation of TK by unfair or …
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Beyond access : Exploring implementation of the fair and equitable sharing commitment in the CBD

… numerous recent cases have been documented involving the acquisition and utilization of genetic resources taken from a … resources. Ownership of immoveable tangible property (e.g. land and buildings) is legally established by deed and/or … resources” under CBD Art. 15. Thus the owner of the land from which an individual specimen of a tree or animal is …
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Plant genetic resources and food security: stakeholder perspectives on the international treaty on plant genetic resources for food and agriculture

… Poland, Romania, Samoa, Senegal, South Africa, Switzer- land, Tanzania (United Republic of), the United Kingdom, the … some of the largest deserts, highest mountains and deepest land depressions in the world. Although the region is … it is not surprising that the highest rates of germplasm acquisition and distribution by the Centres as a whole were …
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IUCN Information Papers on Marine Genetic Resources

… 36 known phyla are found in the oceans versus 17 found on land). Marine areas beyond national jurisdiction (ABNJ) tend … used for ecosystem management such as rivers and pastoral land (Ostrom, 1990). Nowadays, pool systems are also … encouraged - Development of innovative software for acquisition and analysis of data on board, and interoperable …
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Covering ABS: Addressing the need for sectoral, geographical,legal and international integration in the ABS regime - papers and studies of the ABS Project

… and needs 48 5.5.1 Governance in remote areas 48 5.5.2 Land tenure and ownership 49 5.5.3 Overlapping … became common to drive automobiles on lakes as well as on land, the legal problem created would involve (i) evaluating … in particular addressing the questions regarding the acquisition of genetic material through a secondary …
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The long and winding road: negotiating a treaty for the conservation and sustainable use of marine biodiversity in areas beyond national jurisdiction

… reduce marine pollution of all kinds, in particular from land-based activities, including marine debris and nutrient … marine scientific research. All States, whether coastal or land-loc- ked, have the freedom of navigation and over- … According to Article 268, States shall promote: (a) the acquisition, evaluation and dissemination of marine …
18 Jun 2026 Literature