South Africa's Bioprospecting, Access and Benefit-Sharing ...

Contents
Foreword
V
Section 1
1. Introduction
1.1 Bioprospecting, access and benefit sharing 2
1.2 Key elements of the Biodiversity Act and BABS Regulations 4
1.3 Groups involved in bioprospecting 7
1.4 Purpose of the guidelines 8
1.5 Structure of the guidelines 8
Section 2
2. Providers
2.1 Introduction 10
2.2 Providers of indigenous biological resources and traditional knowledge 10
2.3 The distinction between the discovery phase and the commercialisation phase 11
2.4 Access to indigenous biological resources and knowledge 11
2.5 Communally owned indigenous biological resources or traditional knowledge 12
2.6 Starting the access and benefit-sharing process 14
2.7 Information needed to negotiate material transfer and benefit-sharing agreements 16
2.8 The kinds of benefits that can be expected 18
2.9 Concluding material transfer and benefit-sharing agreements 19
2.9.1 Receiving monetary benefits 19
2.9.2 Enforcing such agreements 20
2.10 Support for negotiating material transfer and benefit-sharing agreements 21
2.11 Follow-up on agreements 22
Section 3
3. Users
3.1 Introduction 24
3.2 Users’ activities and corresponding permits 25
3.3 Frequently asked questions about permits 30
3.4 Resource types and collection procedures 32
3.5 Working with traditional knowledge 33
3.6 Identifying traditional knowledge holders 34
3.7 Obtaining prior informed consent 35
3.8 Negotiating and concluding material transfer and a benefit-sharing agreements 36
3.9 What kind of benefits can be negotiated 39
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