Global Scientific Research Commons Under the Nagoya Protocol: Governing Pools of Microbial Genetic Resources

Abstract

Sharing of basic research assets in so-called scientific research commons has proven key to research contributing to the conservation and sustainable use of biodiversity, and in the life sciences more generally. As a result, in practice, many research assets are accessed and exchanged under public domain-like conditions. This chapter aimed to show that it is possible to build upon these practices in the implementation of the Nagoya Protocol, so as to ensure that this implementation is supportive both of the scientific research commons and the objective of fair and equitable access and benefit-sharing. In particular, we showed that this is possible by further building upon the standard contracts for the access of public research assets that are currently in use in many areas of the scientific research commons, by adopting a broad interpretation of the notion of non-commercial research under the Protocol in combination with appropriate benefit-sharing conditions for capacity building and technical services with basic research assets in the provider countries. In addition, to take this vision forward, this chapter discussed three institutional options for building standardised ABS approaches in global research commons.