Abstract (eng)
Since 2014, the Nagoya Protocol regulates the international exchange of genetic resources. Until today, the implementation of these regulations is problematic for non-commercial research or collection projects. This paper relates the experiences of non-commercial users of genetic resources from German-speaking countries to the requirements and national implementations of the Nagoya Protocol. The data for this was obtained from a survey of representatives of non-commercial institutions from the DACH-region and assessed with the aim of evaluating the effectiveness of the Nagoya Protocol and its implementation. For the assessment of the exchange of genetic resources by non-commercial actors, different partial aspects of the implementations of the provisions on Access and Benefit- Sharing were used as a basis for the survey. Although Article 8 (a) of the Nagoya Protocol provides for simplified access to genetic resources for non-commercial research purposes, the results of the survey show a clear discrepancy between the intention of the Nagoya Protocol and the actual implementation in many areas. Problems with collection permits, voluntary standards not providing sufficient support for the application of ABS provisions, lack of functionality of the Access and Benefit-sharing Clearing-House, changes in sources of genetic material, and modification or termination of research projects due to difficulties related to implementation provisions of the Nagoya Protocol are key findings that could be identified from the survey data. Due to these problems, the Nagoya Protocol is viewed rather critically by many users for non-commercial research and collection activities. The findings of this thesis provide up-to-date conclusions on how the implementation of the Nagoya Protocol for non-commercial use of genetic resources is affected. By identifying the problems and deficiencies that arise, appropriate improvement measures can be developed and implemented.