Results underlined that remarkable discrepancies in species conservation status assessment that exist between the several lists of protected species considered.
ROV surveys allowed some interesting observations on poorly known species and habitats. A total of 269 taxa were also identified, mostly Porifera, Cnidaria and Pisces, among which 115 species are of conservation concern according to the International Union for Conservation of Nature (IUCN) Red Lists, the Habitats Directive, the Bern Convention, the SPA/BD Protocol and CITES. Surveys were carried through a remotely operated vehicle (ROV) and allowed the identification of 19 habitat types, mostly considered of priority interest by the SPA/BD Protocol of the Barcelona Convention. In this context, the present study aims to provide the first biological and ecological characterisation of this poorly known area, focusing on habitats and species of conservation concern. Specifically, this handbook is designed to show the complexity of relevant IP policies that have an impact on various aspects of the CBD and the Protocol, particularly from the provider country perspective.In 2015, the Strait of Sicily, which includes several banks, was candidate as a future Specially Protected Area of Mediterranean Importance (SPAMI) by the Contracting Parties of the Barcelona Convention. The Convention on Biological Diversity and the Nagoya Protocol: Intellectual Property Implications addresses how the global rules on ABS of genetic resources and associated TK should work in tandem with an area that is mentioned minimally in the 2010 Nagoya Protocol, i.e., IP. The handbook is intended to fill the gap in understanding where the treaty text has chosen to remain silent. This publication has been developed as a handbook aimed at better understanding the intellectual property implications of the 1992 Convention on Biological Diversity and the 2010 Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits arising from their Utilization. Narrowly defined, misappropriation refers to access to and use of genetic resources without prior informed consent and/or mutually agreed terms pursuant to the national access legislation of the country providing the genetic resources and applicable international rules on access and benefit sharing. Clear, fair and equitable rules on ABS are critical to prevent the misappropriation of genetic resources and associated traditional knowledge (TK), a situation also sometimes referred to as 'bio-piracy'. It is the ABS aspect that entails the greatest interface between IP rights and biodiversity issues. The inclusion of access and benefit sharing (ABS) as an objective of the CBD was based on the premise that biodiversity has been used by public institutions and private entities to produce new knowledge and products that brought various benefits to its new users, but not necessarily for its original owners or custodians. In order to address the linkage between biodiversity conservation and its sustainable use, the Convention on Biological Diversity (CBD) introduced as one of its three objectives the fair and equitable sharing of the benefits arising out of the utilization of genetic resources with those providing such resources. The effective preservation of biodiversity cannot be met through environmental protection laws alone.Ī critical problem is one of in coherence - i.e., the situation where laws, policies and regulations designed to protect biodiversity and to encourage its sustainable use and development are not established in a consistent and mutually supportive manner with laws, policies and regulations in other domains, such as industrial policy or intellectual property (IP), that have an impact on biodiversity. The conservation of biological diversity 1 and the ability to continue to use biological resources sustainably are amongst the most pressing issues that the world currently faces.īalancing the protection of ecosystems, which involve a plethora of animal, plant and microbial species, with sustainable development objectives demands a systematic response at the international, regional, national and sub-national levels by a myriad of actors.