The Japanese Guidelines on Access to and Benefit-sharing of

Genetic Resources for Users

27 and 28 November 2006, Costa Rica

Seizo Sumida

Japan Bioindustry Association

• A nonprofit organization dedicated to the promotion of bioscience, biotechnology and bioindustry in both Japan and the rest of the world.

• Created by the support of industry, academia and government in 1942.

• Only organization of its kind in Japan .

• Members : 240 major companies from many industrial sectors, 90 public institutes and 1,230 individuals from academia, industry and public sectors.

1. Japan ratified the CBD in 1993.

2. Ministry of Economy, Trade and Industry (METI) is a National Competent Authority for ABS.

3. Japan Bioindutry Association (JBA) has been implementing CBD-related projects on behalf of METI, since 1993.

Background

4. Implementation of the Bonn Guidelines: JBA organized public seminars throughout Japan for industry users in 2002-2003.

5. Users Suggestions: the Bonn Guidelines are too general for users, & could be made more useful for practical purposes.

6. Need for Practicality: METI and JBA decided to develop ‘user-specific guidelines’ based on CBD and the Bonn Guidelines.

Background, continued

Pragmatism:Pragmatism:Providing ‘Practical Tools’ is Providing ‘Practical Tools’ is

as important as providing as important as providing Principles.Principles.

Lessons learned

METI-JBA’s

Being disseminated since 1 April 2005by public Seminars in Major Cities in Japan

‘Guidelines on ABSfor Users in Japan’

IndustryIndustry&&

AcademiaAcademia

Target of the Guidelines

METI & JBA’s Additional Services for Users

1.1. Information Service: CBD-related Laws & Regulation 　 i

n Overseas Countries (http://mabs.jp/)

2.2. Help Desk:

To help users resolve their problems

Additional Services for Users, continued

3. 3. Bilateral Workshops and Visits with Bilateral Workshops and Visits with Other GovernmentsOther Governments •Information exchange: on the national policy, laws and regulatory system with potential partner countries

•Mutual understanding of respective national situations

      

 

 

The Principles of CBD and the Bonn Guidelines

Dispute Resolution

Country Providing GR Japan

National Laws, Measures, etc

Laws, Practices, etc

Government

GR Providers

& Relevant Parties

Users ofGR

PIC

Contract Conclusion

PIC

MAT

Contract Execution

Support by JBA & METI

Structure of the Guidelines on ABS for Users in Japan

Gray Areas and Solutions

Gray Areas

1. General1. General• What is Genetic Resource?What is Genetic Resource?• What is Traditional Knowledge?What is Traditional Knowledge?• Who are Indigenous People?Who are Indigenous People?• How to prove Country of Origin?How to prove Country of Origin?

2. Specific2. Specific

• Unconventional use of CommoditiesUnconventional use of Commodities• Microorganisms that grow on imported Microorganisms that grow on imported

materialsmaterials• OthersOthers

Solution

The Japan’s Guidelines say:The Japan’s Guidelines say:• Follow the national laws and measures of Follow the national laws and measures of

the providing country under consideration.the providing country under consideration.

• If ABS law is not in place in that country, If ABS law is not in place in that country, develop agreement in light of CBD and the develop agreement in light of CBD and the Bonn Guidelines, and have it authorized by Bonn Guidelines, and have it authorized by its government.its government.

Solution, continued

Create a streamlined procedure by Create a streamlined procedure by bilateral arrangement:bilateral arrangement:

For example,For example,•Use of ‘Commodity’ for unconventional Use of ‘Commodity’ for unconventional purposes purposes

Supply Chain of Commodities

Source Country

Companies (Food, Cosmetics, Perfume, etc)

Export Traders Suppliers

Government

IntermediateManufactures

SpecializedWholesalers

Import Traders

IntermediateTraders

What would you suggest?

Examples:Examples:

• Microorganisms that grow on importedMicroorganisms that grow on importedmaterials (e.g. sweet potato)materials (e.g. sweet potato)

• Microorganisms in traditional fermented fMicroorganisms in traditional fermented foodsoods

• Genetic samples that are brought in by an Genetic samples that are brought in by an overseas client for custom analysisoverseas client for custom analysis

Future Direction

• Users of genetic resources tend to look for

prompt clarification.

• However, consensus building on ‘definitions’

in a multi-lateral forum is a slow process.

• A practical approach may be to keep

accumulating successfully arranged cases.