Governing biodiversity: access to genetic resources and approaches to obtaining benefits from their use: the case of the Philippines

This study explores both bilateral and multilateral approaches to access and benefit sharing (ABS) in the governance of biological resources. It focuses on the case of the Philippines as a country which has played an active part in negotiations over the International Treaty on Plant Genetic Resources and was quick to apply the Biodiversity Convention to national legislation and action.The results, the authors argue, show that there is a large gap between high-sounding concepts at the global level and the reality of their national implementation. Conflicts between different political interests, bureaucratic deficiencies, and a lack of human and financial resources are responsible for this gap. Moreover, industrialised countries have been overly hesitant to force stakeholders in the North interested in gaining access to genetic resources (business and science) to play according to the global rules, thus leaving developing countries alone with the task of implementing and monitoring these rules.In general: The less regulatory nature of the multilateral approach leads to relatively lower costs for the implementing country and lower transaction costs for users of genetic resources. The intended positive outcomes of both approaches can only be reached if additional educational measures accompany activities related to ABS.With particular reference to the Bonn Guidelines on Access and Benefit-Sharing, the Philippine experience cast light on several points: a visible focal point and competent national authorities are imperative for anyefficient ABS legislation. Stakeholder participation is important but requires a stringent institutional setup, extra funding and capacity-building if it is to work smoothly. Clear-cut government policies governing PIC and the distribution of possible benefits are needed.User countries should undertake efforts to adapt procedures and regulations related to access and benefit-sharing in a way supportive to the implementation of the CBD. In particular: Patent law should establish a requirement for patent applicants to document source materials and prove compliance with source country laws, and especially with ABS legislation. Funding agencies should induce researchers from developed countries to include ABS-related activities in their research funding institutions should foster technology transfer to developing- country institutions by requiring researchers from the North to provide as much capacity- building and knowledge-sharing as possible.Environment ministries should promote awareness- raising campaigns in developed concerning roles and responsibilities when accessing genetic material in foreign countries.