Friends with benefits: What constitutes a ‘benefit’ in Access and Benefit Sharing (ABS) for plant genetic resources?

Abstract

International conventions play an important role in regulating access to plant genetic resources. These regulations must balance the goal of ensuring wide access to plant genetic resources with doing this in a fair way. This is a central dilemma in achieving just transitions: how to move towards more sustainable societies in ways that are equitable and fair way. In regulations for plant genetic resources, this balance is struck with the concept of Access and Benefit Sharing (ABS). Under the bilateral system of the Nagoya Protocol, ABS requires anyone seeking access to a genetic resource to agree with the provider of that resource on what benefits will be shared. However, the lack of clarity as to what constitutes a ‘benefit’ has been a major stumbling block in the establishment of ABS agreements and therefore the exchange of genetic material. This article fills this gap by identifying and characterizing what types of benefits have been included in the ABS agreements established successfully under the Nagoya Protocol. We found that ABS agreements can include an incredible variety of types of monetary and non-monetary benefits, that can contribute to a wide range of different objectives, and which are not necessarily related to the benefits obtained from using the genetic resource. By providing more clarity over what benefits can be shared, this overview and characterization of benefits shared in successful ABS agreements supports the development of successful future ABS agreements. We argue that the experiences of developing Access and Benefit Sharing into a workable concept may offer valuable insights for how regulations can play a role in just transitions.