Activity 3: Competent National Authorities: Negotiate mutually agreed terms

Below are the global and regional obligations in this activity:
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Component 1

Directly relevant obligations and commitments

  • Consider the principles and basic requirements listed in provision 42 of the Bonn Guidelines when developing mutually agreed terms: CBD Decision VI/24, 4 and CBD Decision VI/24, Annex (Bonn Guidelines on Access to Genetic Resources and Fair and Equitable Sharing of Benefits Arising out of their Utilization)SEE COMMENTARY 1
  • Consider the elements listed in Appendix I to the Bonn Guidelines when developing a standardized material transfer agreement and benefit-sharing arrangements for similar resources and similar uses: CBD Decision VI/24, 4 and CBD Decision VI/24, Annex (Bonn Guidelines on Access to Genetic Resources and Fair and Equitable Sharing of Benefits Arising out of their Utilization)SEE COMMENTARY 2
  • Consider the elements listed in provision 43 of the Bonn Guidelines as guiding parameters in contractual agreements, and also as basic requirements for mutually agreed terms: CBD Decision VI/24, 4 and CBD Decision VI/24, Annex (Bonn Guidelines on Access to Genetic Resources and Fair and Equitable Sharing of Benefits Arising out of their Utilization)SEE COMMENTARY 3
  • Consider the elements of the indicative list of typical mutually agreed terms contained in provision 44 of the Bonn Guidelines: CBD Decision VI/24, 4 and CBD Decision VI/24, Annex (Bonn Guidelines on Access to Genetic Resources and Fair and Equitable Sharing of Benefits Arising out of their Utilization)SEE COMMENTARY 4
  • Consider the examples of monetary and non-monetary benefits listed in Appendix II to the Bonn Guidelines when negotiating mutually agreed terms: CBD Decision VI/24, 4 and CBD Decision VI/24, Annex (Bonn Guidelines on Access to Genetic Resources and Fair and Equitable Sharing of Benefits Arising out of their Utilization) SEE COMMENTARY 5
  • Consider near-term, medium-term and long-term benefits, including up-front payments, milestone payments and royalties: CBD Decision VI/24, 4 and CBD Decision VI/24, Annex (Bonn Guidelines on Access to Genetic Resources and Fair and Equitable Sharing of Benefits Arising out of their Utilization))SEE COMMENTARY 6
  • Stipulate definitely the time-frame of benefit-sharing: CBD Decision VI/24, 4 and CBD Decision VI/24, Annex (Bonn Guidelines on Access to Genetic Resources and Fair and Equitable Sharing of Benefits Arising out of their Utilization)SEE COMMENTARY 7
  • Provide for benefits to be shared fairly and equitably with all those who have been identified as having contributed to the resource management, scientific and/or commercial process, such as governmental, non-governmental or academic institutions and indigenous and local communities: CBD Decision VI/24, 4 and CBD Decision VI/24, Annex (Bonn Guidelines on Access to Genetic Resources and Fair and Equitable Sharing of Benefits Arising out of their Utilization)SEE COMMENTARY 8
  • Direct benefits in such a way as to promote conservation and sustainable use of biological diversity: CBD Decision VI/24, 4 and CBD Decision VI/24, Annex (Bonn Guidelines on Access to Genetic Resources and Fair and Equitable Sharing of Benefits Arising out of their Utilization)SEE COMMENTARY 8

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Author Commentary 1

This refers to provision 42 of the Bonn Guidelines.

Author Commentary 2

This refers to provision 42(b)(iv) and Appendix I to the Bonn Guidelines.

Author Commentary 3

This refers to provision 43 of the Bonn Guidelines.

Author Commentary 4

This refers to provision 44 of the Bonn Guidelines.

Author Commentary 5

This refers to provision 46 and Appendix II to the Bonn Guidelines.

Author Commentary 6

This refers to provision 47 of the Bonn Guidelines.

Author Commentary 7

This refers to provision 47 of the Bonn Guidelines.

Author Commentary 8

This refers to provision 48 of the Bonn Guidelines.