Work

Rethinking the law on access and benefit sharing in Australia

Year: 2025

Type: article

Abstract: Since the conclusion of the Convention on Biological Diversity in 1992, many countries, including Australia, have implemented a framework known as access and benefit sharing. Access and benefit sharing laws were designed on the assumption that they could rely on a system of bilateral relations between a singular ‘provider’ and a corresponding ‘user’ of genetic resources and traditional knowledge. Drawing on the case study of the Kakadu plum (Terminalia ferdinandiana), this article examines how the flawed bilateral approach was embedded into access and benefit sharing laws in three ways that undermine the objectives of these laws. It discusses how Queensland moved beyond this assumption and outlines lessons for the development and reform of access and benefit sharing legislation in other jurisdictions.

Source: Research Portal (Queen's University Belfast)

Author: Bosse, Jocelyn; id_orcid 0000-0001-9752-6145

Language: English

Topic: International Maritime Law Issues

Subfield: Management, Monitoring, Policy and Law

Field: Environmental Science

Domain: Physical Sciences

SDG: Peace, justice, and strong institutions

Open Access status: green

Funder: Australian Research Council

Award: Harnessing intellectual property to build food security

OpenAlex ID: W7135553883

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