أسئلة قانونية إماراتية عامةقرار مجلس الوزراء بشأن اللائحة التنفيذية للقانون الاتحادي في شأن الحصول على الموارد الوراثية ومشتقاتها والتقاسم العادل والمنصف للمنافع الناشئة عن استخدامها

Article (1) Definitions The Definitions contained in Federal Law No. (8) of 2021 on Access to the Genetic Resources and their Derivatives and the Fair and Equitable Sharing of Benefits Originating from their Utilisation shall be applied to this decision. Otherwise, the following word shall have the indicated meaning, unless the context of the text requires otherwise: Law : Federal Law No. (8) of 2021 on Access to the Genetic Resources and their Derivatives and the Fair and Equitable Sharing of Benefits Originating from their Utilisation.

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Cabinet Resolution of 2023 Concerning the Executive Regulations of Federal Law of 2021 on Access to the Genetic Resources and their Derivativ…

Article (2) Type and Validity Period of Permits and Approvals 1. The Competent Authority shall issue permits to obtain genetic material in accordance with the following: a. For the Purposes of Scientific Research. b. For the purposes of Patent or Intellectual Property resulting from Scientific Research. c. For Commercial Purposes. d. For Industrial Purposes. e. For Multiplication Purposes. f. For Governmental Entities Works. 2. The validity period of the Permit issued by the Competent Authority to obtain Genetic Resources (9) is nine months. 3. The Ministry shall issue approval to import and export Genetic Resources in accordance with the following: a. For the Purposes of Scientific Research…

Article (3) Controls and Procedures for Obtaining Genetic Resources and their Derivatives To obtain a Permit to collect and use Genetic Resources, their Derivatives, or associated traditional and heritage knowledge, practices, and innovations in the State, the following procedures and controls shall be considered: 1. Procedures: a. Submit application to obtain a Permit from the Competent Authority, attaching the following requirements: 1) Determine the characteristics and classification of the Genetic Resource. 2) Define the purpose of obtaining the Genetic Resource. 3) Determine the geographical location of the Genetic Resource collection. 4) Determine the amount of Genetic Resource to be c…

Article (4) Controls and Procedures for Import and Export of Genetic Resources and their Derivatives First: To export Genetic Resources, their Derivatives, or associated traditional and heritage knowledge, practices, and innovations, the following procedures and controls shall be considered: 1. Procedures: a. Submit export application to the Ministry in accordance with the form approved by it. b. Attach the following papers and documents: 1) A Permit to obtain Genetic Resources from the Competent Authority. 2) Prior approval (or its equivalent) for import from the importing State. 3) Benefit-Sharing Agreement. 2. Controls: a. Genetic Resources and traditional knowledge and practices associat…

Article (5) Cancellation of Approval, authorisation and Benefit-Sharing Agreement The Approval, Permit, and Benefit-Sharing Agreement may be cancelled in any of the following circumstances: 1. Violate the requirements of approval, authorisation, or Benefit-Sharing Agreement, as the case may be. 2. Provide incorrect data or information to obtain approval or permission or to sign a Benefit- Sharing Agreement, as the case may be. 3. Non-disclosure of traditional knowledge and practices associated with Genetic Resources. 4. Use the Permit or Approval given by another party or for other than the authorised purpose. 5. Harm to the environment resulting from the use of Genetic Resources. 6. Harm to…

Article (6) Executive Resolutions The Minister, in coordination with the Competent Authority, shall issue the Resolutions necessary to apply the provisions of this Resolution.

Article (7) Repeals Any provision that violates or contradicts the provisions of this Resolution shall be repealed.

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Cabinet Resolution of 2023 Concerning the Executive Regulations of Federal Law of 2021 on Access to the Genetic Resources and their Derivatives and the Fair and Equitable Sharing of Benefits Originating from their Utilisation 6

Article (8) Publication and Entry into Force of the Resolution This Resolution shall be published in the Official Gazette and shall enter into force as of the day following its publication date. Mohammed Bin Rashid Al Maktoum Prime Minister Issued by Us: On: Shaaban 21st, 1444 H. Corresponding to: March 13th, 2023 AD.

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