The chapter aims to analyse how, in the European legal system, Access and Benefit-Sharing information are exchanged and this could help the implementation of the Nagoya Protocol and its goals, whether data flow could be controlled and whether legal consequences for infringement of rules on information exchange and storage would be more well-defined and reinforced. 'The EU law defines positive duties of behaviours with a focus on information'. However, for genetic resources or associated traditional knowledge which have not been accessed following applicable access and benefit-sharing legislation or regulatory requirements at a national or international level, this 'is not a straightforward prohibition of utilization'
Information on Access and Benefit Sharing regarding the Utilisation of Genetic Resources under the European Union Legal Regulation
Valentina Colcelli
2018
Abstract
The chapter aims to analyse how, in the European legal system, Access and Benefit-Sharing information are exchanged and this could help the implementation of the Nagoya Protocol and its goals, whether data flow could be controlled and whether legal consequences for infringement of rules on information exchange and storage would be more well-defined and reinforced. 'The EU law defines positive duties of behaviours with a focus on information'. However, for genetic resources or associated traditional knowledge which have not been accessed following applicable access and benefit-sharing legislation or regulatory requirements at a national or international level, this 'is not a straightforward prohibition of utilization'I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
