Decision COP VIII/4

1. Welcomes the progress made in the Ad Hoc Open-ended Working Group on Access and Benefit-sharing to elaborate and negotiate an international regime;

2. Decides to transmit the annex to the present decision to the fifth meeting of the Ad Hoc Open‑ended Working Group on Access and Benefit-sharing for the purposes of continuing to elaborate and negotiate the international regime in accordance with decision VII/19 D, as well as, inter alia, the following inputs for the elaboration and negotiation of an international regime:

3. Invites Parties, Governments, indigenous and local communities, international organizations and all relevant stakeholders to provide information regarding the inputs on an analysis of existing legal and other instruments at national, regional and international levels relating to access and benefit-sharing to the Secretariat of the Convention four months prior to the fifth meeting of the Working Group on Access and Benefit-sharing;

4. Requests the Secretariat to prepare a compilation of the information provided in accordance with the paragraph above and make it available for the work of the Working Group on Access and Benefit—sharing;

5. Decides to designate Mr. Fernando Casas of Colombia and Mr. Tim Hodges of Canada as Co-Chairs of the Ad Hoc Open-ended Working Group on Access and Benefit-sharing, for the purposes of the elaboration and negotiation of the international regime on access and benefit-sharing in accordance with the mandate of decision VII/19 D;

6. Requests the Ad Hoc Open-ended Working Group on Access and Benefit-sharing to continue the elaboration and negotiation of the international regime in accordance with its terms of reference in decision VII/19D and instructs the Ad Hoc Open-ended Working Group to complete its work at the earliest possible time before the tenth meeting of the Conference of the Parties;

7. Requests the Executive Secretary to make the necessary arrangements for the Ad Hoc Open-ended Working Group on Access and Benefit-sharing to be convened twice before the ninth meeting of the Conference of the Parties;

8. Invites Parties, Governments, indigenous and local communities, international organizations and all relevant stakeholders to submit to the Secretariat further information relevant to the gap analysis;

9. Requests the Executive Secretary to prepare, for the fifth meeting of the Working Group on Access and Benefit-sharing, the final version of the gap analysis referred to in decision VII/19 D, annex, paragraph (a) (i), bearing in mind that this work will proceed in parallel and not hold up the work relating to the elaboration and negotiation of the international regime;

10. Invites Parties to submit to the Executive Secretary information on the legal status of genetic resources in their national law, including their property law where applicable, and requests the Executive Secretary to submit  a report to the fifth meeting of the Working Group.

The Conference of the Parties 

1. Notes the progress already accomplished and urges Parties to continue implementing the Bonn Guidelines on Access to Genetic Resources and  Fair and Equitable Sharing of Benefits Arising out of their Utilization and to share experiences and lessons learned in their implementation as well as in the development and implementation of national and sub-national measures ;

2. Invites Parties to submit reports on their experiences in developing and implementing Article 15 of the Convention at the national level, including obstacles encountered and lessons learned, four months prior to the fifth meeting of the Working Group on Access and Benefit-sharing;

3. Requests the Secretariat to prepare a compilation of the information provided in accordance with the paragraph above and make it available for the work of the Working Group on Access and Benefit-sharing at its fifth meeting.

The Conference of the Parties

1. Decides to establish a group of technical experts to explore and elaborate possible options, without prejudging their desirability, for the form, intent and functioning of an internationally recognised certificate of origin/source/legal provenance and analyse its practicality, feasibility, costs and benefits, with a view to achieving the objectives of Articles 15 and 8(j) of the Convention. The Expert Group shall provide technical input to the Ad Hoc Open-ended Working Group on Access and Benefit‑sharing and will operate in accordance with the following terms of reference:

2. Also decides that the group of experts shall be regionally balanced and composed of 25 experts nominated by Parties and 7 observers from, inter alia, indigenous and local communities, industry, research institutions/academia, botanical gardens, other ex situ collection holders and representatives from relevant international organizations and agreements, and requests the Executive Secretary to recommend the list of selected experts and observers for the approval of the Bureau; 

3. Encourages Parties to take into consideration the need for technical expertise in the Expert Group from, inter alia, indigenous and local communities, industry, research institutions/academia, botanical gardens and other ex situ collection holders when nominating their experts;

4. Further decides that the Group shall meet at least six months prior to the fifth meeting of the Working Group on Access and Benefit-sharing and submit the report of its work to the Working Group at its fifth meeting.

5. Invites Parties, Governments, relevant international organizations, indigenous and local communities and all relevant stakeholders including the private sector to undertake further work, including through research and submission of views, on the possible options for the form, intent and functioning of an international certificate of origin/source/legal provenance and on its practicality, feasibility, costs and benefits, with a view to achieving the objectives of Articles 15 and 8(j), including consideration of certificate models as an input for the work of the Expert Group.

The Conference of the Parties,

Reaffirming that disclosure of origin/source/legal provenance of genetic resources in intellectual property rights application is one element in the terms of reference in the annex to decision VII/19 D for the elaboration and negotiation of an international regime on access and benefit-sharing,

Noting discussions regarding disclosure of origin/source/legal provenance in intellectual property rights applications in the World Intellectual Property Organization and in the Doha Work Programme of the World Trade Organization,

Further noting that there is a diversity of views on the possible measures to support compliance with prior informed consent and mutually agreed terms,

1. Invites relevant forums to address and/or continue their work on disclosure requirements in intellectual-property-rights applications taking into account the need to ensure that this work is supportive of and does not run counter to the objectives of the Convention, in accordance with Article 16, paragraph 5;

2. Urges Parties, Governments and relevant stakeholders to continue taking appropriate and practical measures to support compliance with prior informed consent in cases where there is utilization of genetic resources or associated traditional knowledge, in accordance with article 15 of the Convention and national legislation, and with mutually agreed terms on which access was granted;

3. Requests the Ad Hoc Open-ended Working Group on Access and Benefit-sharing at its fifth and sixth meetings to further consider measures to ensure compliance with prior informed consent in cases where there is utilization of genetic resources or associated traditional knowledge, in accordance with Article 15 of the Convention and national legislation, and with the mutually agreed terms on which access was granted;

4. Requests the Executive Secretary to renew the application for accreditation of the Convention on Biological Diversity as an observer at the Council on Trade-related Aspects of Intellectual Property Rights of the World Trade Organization.

The Conference of the Parties

1. Requests the Ad Hoc Open-ended Working Group on Access and Benefit-sharing at its fifth meeting to further address this issue of the need and possible options for indicators for access to genetic resources and the fair and equitable sharing of benefits arising from the utilization of genetic resources; 

2. Invites Parties, Governments, relevant international organizations, indigenous and local communities and all relevant stakeholders to submit their views and information to the Executive Secretary in accordance with recommendation 3/5 of the third meeting of the Ad Hoc Open-ended Working Group on Access and Benefit-sharing;

3. Requests the Executive Secretary to compile the views and information referred to above and make such compilation available to the Ad Hoc Open-ended Working Group on Access and Benefit‑sharing at its fifth meeting.