Bioversity International and the Malaysian Agriculture Research and Development Institute are pleased to announce their co-publication of a paper by Professor Gurdial Singh Nijar, Executive Director of the Centre of Excellence for Biodiversity Law, Faculty of Law, University of Malaya.
The paper analyzes issues related to the implementation of the multilateral system of access and benefit-sharing in Malaysia. One of the main issues considered in the paper is whether PGRFA collections held by parastatal organizations are ‘under the management and control’ of the Malaysian national government ‘and in the public domain’ and therefore automatically included in the multilateral system. The paper offers a framework for analysis that can be used in other countries in situations where the ‘under the management and control’ status of PGRFA is not clear.
The paper also analyzes the relationship of Malaysia’s approach to implementing the multilateral system of access and benefit-sharing under the ITPGRFA to other access and benefit sharing rules that are being considered pursuant to the Convention on Biological Diversity. Ultimately the paper suggests means by which the future CBD-ABS draft law can exempt the ongoing operation of the multilateral system from its scope.
For more information, you may visit a blog post from earlier this year about the national consultative workshop that was held in Kuala Lumpur as part of the process of developing this paper.