New ABS Legislation and Practice in Compliance with the Nagoya Protocol: Current Situation and Perspectives in Costa Rica

Abstract

This chapter analyzes the background and history of the implementation of Access and Benefit Sharing (ABS) regimen under the Convention on Biological Diversity and other international related instruments in Costa Rica. The chapter describes the administrative and contractual practices of over 650 ABS permits, including two granted for the category of commercialization of genetic resources. It also responds to a set of innovative questions and concerns related to the scope, concept and meaning of utilization of genetic resources, provider and user rights in accordance to the legal framework and permits granted, monitoring of the utilization of genetic resources and associated traditional knowledge (aTK) and incentives (a recent labeling scheme) linked to the commercialization of products in compliance with ABS legislation. This research also addresses new and emerging issues such as treatment of genetic information (digital sequence information, DSI) and the implementation of an on line system for the application, decision making and reporting of ABS activities. Lessons learnt from this practical experience are also highlighted.