Law on profit-sharing from the use of genetic resources
WE, MARGRETHE the SECOND, by the grace of God Queen of Denmark, do indeed:
The Danish Parliament has adopted and we know Our consent confirmed the following law: § 1. The purpose of this law is to ensure that there is a sharing of the proceeds from the use of genetic resources.
§ 2. For the purposes of this law: 1) Genetic resources: functional organisms inherit the characteristics, as well as naturally occurring biochemical substances that are a result of the genetic expression or metabolism in organisms.
2) uses: research and development on genetic and/or biochemical composition of genetic resources, including through the use of biotechnology. By applying means further development and marketing of products that are based on genetic resources.
3) Nagoya Protocol: Nagoya Protocol on access to genetic resources and fair and equitable sharing of the benefits arising from the utilization of these resources, to the Convention on biological diversity.
§ 3. Genetic resources that have been acquired in violation of the legislation on access to genetic resources, see. Nagoya Protocol, article 6, of the country they come from, should not be used in Denmark.
(2). The provision of paragraph 1 shall apply to genetic resources from countries which, as a party to the Nagoya Protocol has established legislation in accordance with article 6 of the Protocol.
§ 4. Traditional knowledge related to genetic resources, held by indigenous and local communities, must not be used in Denmark, if this knowledge is acquired in breach of legislation on this matter, see. Nagoya Protocol, article 7, of the country, the applied traditional knowledge comes from.
(2). The provision of paragraph 1 shall apply to traditional knowledge that is acquired from countries which, as a party to the Nagoya Protocol has established legislation to that effect in accordance with article 7 of the Protocol.
§ 5. The Minister may lay down rules on procedures and standards to ensure that sections 3 and 4 are complied with, including rules about the digitization of such.
§ 6. The Minister may lay down rules to the effect that the collection of genetic resources of wild organisms in Denmark must be reported, including rules on information on the intended use. The Minister may determine, that review must be done digitally.
§ 7. The Minister supervises the law and the regulations issued pursuant to the law, must be respected.
§ 8. Environment Minister or persons empowered for that purpose by the Minister, have against proper identification without court order access to public and private property in order to exercise the powers conferred on them in this Act or in the rules issued pursuant to law. There must be, as far as possible, prior notification to the owner or keeper.
(2). Paragraph 1 shall not apply to buildings or parts of buildings used exclusively for a private dwelling.
(3). By inspecting the business organizations, the holder and employed persons, upon request, provide the competent authorities the necessary guidance and help.
§ 9. The Minister may authorize a under the Ministry created State authority or after negotiation with the concerned minister, other governmental authorities to exercise the powers conferred on the Minister by this Act.
(2). The Minister may lay down rules on access to appeal against decisions taken pursuant to the authority in accordance with paragraph 1, including that decisions should not be subject to appeal.
(3). The Minister may also lay down the rules on the exercise of the powers of another government agency after negotiation with the concerned minister is authorised to exercise in accordance with paragraph 1.
§ 10. The Government may enter into agreements with foreign States on joint measures for the fulfilment of the Act's purposes.
(2). The Minister for the environment lays down rules for fulfilment of international agreements concluded in accordance with paragraph 1.
(3). The Minister may lay down rules that are necessary for the use in this country by The European Union regulations relating to matters covered by this law.
§ 11. Unless a higher penalty is inflicted for other legislation, is punishable by a fine anyone who violates sections 3 and 4.
(2). The penalty can rise to imprisonment for up to 2 years if the infringement was committed intentionally or through gross negligence, and if that is achieved or intentional infringement by an economic advantage for the person himself or others.
(3). In regulations issued under the law, can be fixed penalty of fines for violation of the provisions in the rules.
(4). That can be imposed on companies, etc. (legal persons) criminal liability in accordance with the provisions of the criminal code 5. Chapter.
(5). Happens not confiscation of proceeds, as is gained by the infringement, when calculating the fine, including additional fine, regard shall be had to the size of an achieved or intended economic advantage within the meaning of. (2).
(6). The period of limitation for criminal liability is 5 years.
§ 12. The entry into force of this Act shall be established by the Minister of the environment by means of a notice.
(2). The law applies to genetic resources and traditional knowledge, which is accessed after the Act's entry into force.
§ 13. The law does not apply to the Faroe Islands and Greenland.
Given at Marselisborg Castle, the 23. December 2012 Under Our Royal hand and Seal MARGRETHE r./Ida Auken