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This chapter briefly recapitulates the findings related to the interpretation of Article 15, which are of relevance for the interpretation of Article 16. It then discusses key asymmetries in the provisions of the Protocol on users' compliance in relation to traditional knowledge as opposed to users' compliance in relation to genetic resources. The domestic ABS frameworks provision appears as one of the most challenging to implement at the national level, as it presents unprecedented legal questions, particularly with regard to the cross-cutting obligation under the Protocol to take due regard to indigenous and local communities' customary law. The first review of the Protocol is expected to assess in particular the implementation of Article 16 in light of developments in other relevant international organizations, including, inter alia, WIPO, provided that they do not run counter to the CBD and the Protocol objectives.Keywords: CBD; domestic ABS frameworks; genetic resources; inter alia; traditional knowledge; WIPO

brill | nijhoff ebooks

Article 16. Compliance with Domestic Legislation or Regulatory Requirements on Access and Benefit-sharing for Traditional Knowledge Associated with Genetic Resources