The New Legal Regulation of the Utilisation of Genetic Resources in the EU and Czech Republic Cover Image

Nová právní úprava využívání genetických zdrojů v EU a ČR
The New Legal Regulation of the Utilisation of Genetic Resources in the EU and Czech Republic

Author(s): Jiří Zicha
Subject(s): Law, Constitution, Jurisprudence
Published by: Univerzita Karlova v Praze, Nakladatelství Karolinum
Keywords: biological diversity; genetic resources; access and benefit-sharing; prior informed consent; mutually agreed terms

Summary/Abstract: The main international instrument providing a general framework for the conservation and sustainable use of biological diversity is the Convention on Biological Diversity. The Nagoya Protocol which was adopted in October 2010 by the Parties to the Convention further elaborates upon the general rules of the Convention on access to genetic resources and sharing of monetary and non-monetary benefits arising from their utilisation. In accordance with Council Decision 2014/283/EU, the Nagoya Protocol was approved on behalf of the Europan Union, and at the same time was adopted the Regulation (EU) No 511/2014 of the European Parliament and of the Council on compliance measures for users from the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization in the Union. This article analyses main aspects of these pieces of legislation and further pays attention to the current state and legal framework of utilisation of genetic resources in the Czech Republic, particularly in nature (in situ) and in zoological and botanical gardens (ex situ).

  • Issue Year: 61/2015
  • Issue No: 2
  • Page Range: 117-126
  • Page Count: 10
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