These business guides to access and benefit-sharing are a six-part knowledge product produced to assist businesses to comply with South Africa’s biotrade and bioprospecting legal framework. They contain supplementary information for compliant academic research on South African Indigenous Biological and Genetic Resources. These guides will assist businesses if they require further information on any part of the decision tree.
Section 1 - Introduction, executive summary, key concepts and legislation
Section 1 provides an overview of ABS principles and legislation, and how they apply to companies working with biodiversity.
Section 2 - Preparing for permit applications
Section 2 guides companies as they prepare to engage with laws, regulations and permitting procedures on access and benefit-sharing.
Section 3 - Discovery phase: Notification and permit applications
Section 3 guides companies undertaking the discovery phase of bioprospecting, and applying for an export permit.
Section 4 - Commercialisation phase: Biotrade, Bioprospecting and Integrated Permit Applications
Section 4 explains the steps which must be completed when applying for a Biotrade, Bioprospecting or Integrated Biotrade and Bioprospecting Permit, and the procedures followed by bodies such as the DFFE and the Bioprospecting Advisory Committee.
Section 5 - Material Transfer and Benefit-Sharing Agreements
Section 5 guides companies on the content of Material Transfer Agreements (MTA) and Benefit-Sharing Agreements (BSA), which are both required in order to successfully obtain the sought-after permit. It covers the processes and agreements supporting the application for a Biotrade, Bioprospecting or an Integrated Biotrade and Bioprospecting Permit, and explains the differences between MTAs and BSAs.
Section 6 - Templates and resources
Section 6 contains all the templates referred to in sections one–five, and provides a list of relevant resources. Relevant templates can also be accessed on conclusion of the decision tree journey.
This is a case study about how the Rooibos industry in South Africa approached the implementation of Access and Benefit-Sharing and bioprospecting permits. It includes how challenges were overcome by a collective industry approach in collaboration with government, communities and holders of traditional knowledge.
Streamlining ABS