Parliament Act No. 3 Of 3 June 2016 On The Use Of Genetic Resources And Activities Related Thereto

Original Language Title: Inatsisartutlov nr. 3 af 3. juni 2016 om udnyttelse af genetiske ressourcer og aktiviteter i forbindelse dermed

Read the untranslated law here: https://www.global-regulation.com/law/greenland/5961102/inatsisartutlov-nr.-3-af-3.-juni-2016-om-udnyttelse-af-genetiske-ressourcer-og-aktiviteter-i-forbindelse-dermed.html

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Parliament Act no. 3 of 3 June 2016 on the use of genetic resources and activities related thereto

Modified repeals, hovedlov replaces information

Aside
Parliament Act no. 20 of 20 November 2006 on commercial and research use of biological resources


Chapter 1 Scope and definitions etc.
§ 1. The Greenland Parliament Act regulates and seeks to promote the use of genetic resources and activities related thereto.
PCS. 2. The purpose of the Act from the following:

1) Conservation of Biological Diversity.

2) Sustainable use of genetic resources.

3) Fair and equitable sharing of benefits arising from utilization of genetic resources.

4) Fair and equitable sharing of benefits arising from the utilization of traditional knowledge associated with genetic resources held by indigenous and local communities.
PCS. 3. The Greenland Parliament Act to ensure appropriate access to genetic resources and the transfer of knowledge and technologies relating to genetic resources.
PCS. 4. The Greenland Parliament Act aim to control and utilization of genetic resources and activities related thereto in a responsible manner with regard to safety, health, environment, resource utilization and social sustainability.

Government of Greenland right to genetic resources and the Greenlandic people's rights under international law
§ 2. The Government of Greenland has the sovereign right to possess and utilize Greenland genetic resources and to permit others to collect and utilize Greenland genetic resources and establish and contractual terms therefore.
PCS. 2. The Greenland Parliament Act and provisions and conditions provided pursuant to the Act and permits granted and profit sharing agreements concluded pursuant to the Act must be interpreted and applied in accordance with the Greenlandic people's rights as a people and indigenous people under international law.

International agreements and obligations
§ 3. Interpretation and application of the Greenland Parliament Act and the regulation of conditions and performance of activities under the Act shall be in accordance with international agreements and obligations that apply in Greenland.
PCS. 2. The Government may provide for the implementation and enforcement of international agreements and obligations relating to genetic resources, as applicable in Greenland, and all relevant facts related thereto.

Scope
§ 4. The Greenland Parliament Act applies to the following:

1) Any access in Greenland or abroad to genetic resources from Greenland and any exploitation in Greenland or abroad of genetic resources from Greenland.

2) Any access to Greenland to genetic resources from a country other than Greenland and any exploitation in Greenland of genetic resources from a country other than Greenland.

3) Publication and second publication of survey and research on genetic resources.

4) Patenting and registration of other intellectual property rights relating to genetic resources and such patent rights and other intellectual property rights.

5) Products derived from or derived from genetic resources.
PCS. 2. the Greenland Parliament Act provisions on harvesting shall not apply to the following:

1) Non-commercial collection or acquisition of genetic resources for personal consumption or for use for consumption or for ornamental purposes.

2) Non-commercial collection or acquisition of genetic resources for use in education.
PCS. 3. The Government may lay down detailed provisions for Greenland Parliament Act application, including on the definition of genetic resources and activities related thereto under the Act.

The use of traditional knowledge associated with genetic resources
§ 5. the Greenland Parliament Act provisions on genetic resources and their utilization shall likewise apply to traditional knowledge associated with genetic resources held by indigenous and local communities, and utilization thereof. A licensee who perform activities related to the utilization of genetic resources, will need to review whether there are relevant traditional knowledge, and whether and how any traditional knowledge can be used in conjunction with the utilization of genetic resources.

PCS. 2. The Government may lay down detailed provisions on the matters mentioned in paragraph. 1, including the importance of the concepts of traditional knowledge associated with genetic resources held by indigenous and local communities, and use of traditional knowledge associated with genetic resources held by indigenous and local communities.

Definitions
§ 6. In Greenland Parliament Act the following terms have the meaning stated:

1) derived substance is a naturally occurring biochemical compound which is the result of biological or genetic resources genetic expression or ecology, although it does not contain functional units of heredity.

2) CBD means the Convention of 5 June 1992 on Biological Diversity, as amended by the protocols and other international agreements applicable in Greenland.

3) biological resources is any form of genetic resources, organisms or parts thereof, populations or any other biotic component of ecosystems that can be used for or value for humanity now or in the future. Biological resources includes biological resources and components derived substance provided. # 1.

4) Biotechnology is any technological application that uses biological systems, living organisms or derivatives thereof set. No. 1, in order to make or modify products or processes for specific use.

5) genetic material means any material of plant, animal or microbial or other origin containing functional units of heredity.

6) genetic resources means genetic material set. No. 5, of the actual or potential value. Genetic resources includes genetic resources ingredients derived substance provided. No. 1, and pathogens see. No. 9.

7) Intellectual Property Rights means all intellectual property rights, including patent rights relating to genetic resources, see. No.6.

8) Nagoya understood Nagoya Protocol of 29 October 2010 on access to genetic resources and the fair and equitable sharing of the benefits arising from the utilization of these resources, the Convention on Biological Diversity.

9) pathogens are organisms that can cause disease or infection in humans, animals, plants or other organisms.

10) yields as a result of the utilization of genetic resources shall mean any dividends, including any pecuniary and non-pecuniary advantage by the use of genetic resources.

11) The use of genetic resources means to conduct research and development on the genetic or biochemical composition of genetic resources, including through the use of biotechnology. By the utilization of genetic resources shall also mean subsequent applications and commercialization, including development, marketing and sales of products based on genetic resources. The exercise includes any activity associated with research, development, application, commercialization, marketing and sales mentioned in the 1st and 2nd clauses., Including collection, analysis, recording, storage, transfer, purchase, receipt, use and export of genetic resources .
PCS. 2. The Government may lay down detailed rules on the content and meaning of the definitions referred to in paragraph. 1.

Permit requirements for exploitation activities and profit sharing agreement
§ 7. Exercise in Greenland or outside of genetic resources from Greenland may only take place under a utilization permission granted by the Government of Greenland, see. § 9.
PCS. 2. Receipt of dividends, including the achievement of financial and non-financial benefits arising from exploitation in Greenland or outside of genetic resources from Greenland and distribution of such dividend shall only be made in accordance with a profit-sharing agreement with the Government of Greenland, see. § 11.
PCS. 3. Exercise in Greenland of genetic resources from a country other than Greenland may take place only under a permission granted by the other country, if the requirement of a license to exploit the law of the other country, see. § 10 .
PCS. 4. Receipt of dividends, including the achievement of financial and non-financial benefits arising from the utilization of Greenland of genetic resources from a country other than Greenland, and distribution of such dividend shall only be made in accordance with a profit-sharing agreement with the other country if a requirement for a profit-sharing agreement the law of the other country, see. § 12th

PCS. 5. The Greenland Government may lay down rules to ensure compliance with paragraph. 1-4 and on the conditions in paragraph. 1-4, including provisions on procedures and standards for digitization thereof, and reporting, monitoring, supervision and enforcement in and outside Greenland paragraph. 1-4 and conditions associated therewith.

Activities in violation of the legislation on the use of genetic resources and traditional knowledge related to genetic resources in other countries
§ 8. Genetic resources acquired in violation of the legislation on access to genetic resources in the country they are from, must not be used in Greenland.
PCS. 2. Paragraph. 1 shall apply to genetic resources from countries party to the Nagoya has set laws thereof in accordance with Protocol Article 6
PCS. 3. Traditional knowledge associated with genetic resources held by indigenous and local communities may not be exercised in Greenland, if that knowledge is acquired in violation of the law declared in the country, the traditional knowledge comes from.
PCS. 4. Paragraph. 3 shall apply to traditional knowledge associated with genetic resources held by indigenous and local communities acquired from countries party to the Nagoya has legislated thereon in accordance with its Article 7
PCS. 5. The Greenland Government may lay down rules to ensure compliance with paragraph. 1-4 and on the conditions in paragraph. 1-4, including provisions on procedures and standards for digitization thereof, and reporting, monitoring, supervision and enforcement of paragraphs. 1-4 and conditions associated therewith.

Chapter 2

Exploitation Permit and profit-sharing agreement with further
Exploitation Permit
§ 9. The Government may, on specified terms grant for exploitation in Greenland or outside of genetic resources from Greenland.
PCS. 2. Premier may exercise the authorization regulate the licensee's right to commercial exploitation of genetic resources.
PCS. 3. An exploitation license issued without exclusive rights.
Subsection 4. Premier may an exploitation license set conditions on any relevant authorization and post-authorization activities in accordance with the Greenland Parliament Act purposes, see. § 1, including the following:

1) Definition of genetic resources, which must be made use of.

2) The license area to the extent that the use is made in Greenland.

3) Authorization period and the license revocation and cancellation.

4) Execution of the activities under the license.

5) The licensee's conclusion and performance of a profit-sharing agreement referred to. § 11.

6) Disclosure of information and submission of reports, materials and data on to Naalakkersuisut, see. § 21.
PCS. 5. The Greenland Government may order an exploitation license set terms with respect to the payment of remuneration to Greenland. A charge can be based on anything related to authorization and activities and matters covered by the authorization. A remuneration may for example be set to a certain proportion of the size of the licensee's revenue as a result of activities by the exploitation license (sales charge) or the licensee's economic output as a result of activities by the exploitation license (dividend payment) or a combination of these.
PCS. 6. The Greenland Government may lay down rules for application for the grant of an exploitation license, including its content and presentation and so on.
PCS. 7. An exploitation license may only be amended in an addendum to the license granted by the Government of Greenland by the Greenland Parliament Act. A surcharge amending a permit can only be granted by the Government of Greenland on the basis of an agreement thereon with the licensee.
PCS. 8. The Government may set terms and conditions that an exploitation license can only be granted to a company that meets all the following requirements throughout the license period:

1) The Company is a limited liability company or a limited company established in Greenland.

2) The Company may only perform activities pursuant to authorizations under this Act and shall not be assessed jointly with other companies, unless they are on compulsory joint taxation.

3) The Company has full disposal of his assets and is not including in receivership, bankrupt or being in a situation equivalent thereto.

§ 10. Genetic resources from a country other than Greenland may be used only in Greenland under a licensed if a requirement for such consent the law of the other country. A license may be granted by the other country if the other country is a party to Nagoya and Minister if the other country is not a party in Nagoya. If a license can be granted by the Government of Greenland, the Greenland Government on specific terms authorize the use of such genetic resources. § 9 shall also apply for such a permit, see. However, § 12. Such an exploitation license can only include profit sharing between the licensee after the license and the other country, unless otherwise stipulated by international agreements and obligations relating to genetic resources, which are applicable in Greenland.


Dividend Sharing Agreement
§ 11. The Greenland Government may in a license under § 9, establish conditions that a licensee must make and fulfill a profit sharing agreement with the Government of Greenland on the sharing of benefits, including economic and non-economic benefits of the utilization of genetic resources.
PCS. 2. The Government may in a profit-sharing agreement referred to. Paragraphs. 1, among other things, set conditions on the licensee and the Greenland Government's rights regarding utilized genetic resources and results based thereon. The Government may determine conditions on the Greenland Government's co-ownership or other rights on intellectual property rights relating to genetic resources utilized and results based thereon and related fees from sales and the relinquishment of rights of use on to such intellectual property rights.
PCS. 3. Dividend Sharing Agreement is governed by and shall be in accordance with this Act, authorization conditions, provisions pursuant to this Act and international agreements and commitments applicable in Greenland, to the extent such international agreements and commitments relating to matters covered by this Act.
PCS. 4. The Government may specify the details of any relevant profit sharing agreements, including respect to the payment of remuneration to the Government of Greenland and the creation or protection of other economic and non-economic benefits for the Government of Greenland in the use of genetic resources.
PCS. 5. The Government may provide and decide that a party who makes or has made exploitation in Greenland or abroad of genetic resources from Greenland without a utilization permission must be included and fulfill a profit sharing agreement with the Government of Greenland on the sharing of benefits, including economic and non-economic benefits of the utilization of genetic resources. Greenland Government may lay down rules on all relevant aspects of such profit sharing agreements, including the payment of remuneration to the Government of Greenland and the creation or protection of other economic and non-economic benefits for the Government of Greenland in the use of genetic resources.
§ 12. The Government may provide and decide that a party who makes or has made exploitation in Greenland of genetic resources from a country other than Greenland, without a license from another country, make and fulfill a profit sharing agreement with the other country for the sharing of benefits, including economic and non-economic benefits of the utilization of genetic resources, if a requirement for a profit-sharing agreement the law of the other country. § 11 shall apply mutatis mutandis when Naalakkersuisut lay down the rules and decide whether such a profit sharing agreement. Such profit-sharing agreement only includes profit sharing between the majority who make or have made exploitation, and the other country.
PCS. 2. The Government may provide and decide that paragraph. 1 also apply for a Party that makes or has made exploitation in Greenland of genetic resources from a country other than Greenland, with a license from another country, but without a profit-sharing agreement with the other country, if a requirement for a profit sharing agreement the law of the other country.

Fee for the exploitation permit and profit sharing agreement
§ 13. The Government may establish terms and conditions on a licensee's payment of fees related to an exploitation license, including the license was granted, renewal and transfer.

PCS. 2. The Government may establish terms and conditions on a licensee or other agreement party payment of corresponding charges relating to a profit-sharing agreement.


Payment of costs and expenses in connection with regulatory procedures
§ 14. Licensees, parties and others under the Act to pay the expenses associated with case management, other regulatory procedures and other regulatory activities pursuant to the Act. Payment can be charged as a fee or reimbursement of expenses. Greenland Government may lay down detailed rules or conditions thereof.

Transfer of and prosecutions against exploitation license or profit sharing agreement
§ 15. Direct or indirect transfer of an exploitation license or a profit sharing agreement pursuant to the Act can not happen unless the Greenland Government approves the transfer. Greenland Government may lay down conditions for approval of such transfer.
PCS. 2. An exploitation license and a profit-sharing agreement pursuant to the Act are exempt from prosecution.

Lapse and revocation of the exploitation license
§ 16. The Government may set terms and conditions for cancellation and revocation of an exploitation license pursuant to the Act.

Obligations subsequent exploitation permit has lapsed
§ 17. The Government may set terms and conditions and agree that a licensee's obligations under an exploitation license and the Greenland Parliament Act made by the exploitation permit has lapsed, and the licensee's obligations otherwise after exploitation permit has lapsed.

Chapter 3
Publications and publication of study or research, etc.
§ 18. Anyone who contributes to publication or other disclosure of the survey or research involving genetic resources from Greenland or based thereon, shall disclose Naalakkersuisut about it immediately after publication or publication.

PCS. 2. Publication and other disclosure under subsection. 1 must be done with respect for Greenland's rights relating to genetic resources and by reference to the genetic resources originate in Greenland.
PCS. 3. Written publications relating to genetic resources or based thereon, shall be submitted in copy to the Government of Greenland. If the genetic resources utilized, it should be stated in the publication that has been granted an exploitation license there.
PCS. 4. Written publications referred to in paragraph. 3, will be published in a public database in accordance with § 20. Publication will be done only to the extent it does not conflict with intellectual property rights concerning the publication of the publications.
PCS. 5. The Greenland Government may enter into an agreement with a licensee, one party or another party on terms and framework for its publication or other disclosure of the survey or research involving genetic resources from Greenland or based thereon.

Chapter 4
Patenting of results etc.
§ 19. Where a licensee under an exploitation license, one party after a profit-sharing agreement or another party will make patenting of a technology or an invention based on the utilized genetic resources from Greenland, the licensee, the contracting party or majority state Naalakkersuisut thereon within patenting. The same applies to other registration or establishment of an intellectual property right based on the utilized genetic resources from Greenland. The Government shall take necessary measures to ensure that only a limited number of persons have access to such information and that the information be treated as confidential information.
PCS. 2. The Government may lay down detailed rules on disclosure under subsection. 1.

Chapter 5
Public database
§ 20. The Government can create a database where the public can access information and data related to genetic resources.
PCS. 2. The Government may lay down terms and conditions of any relevant database referred to in paragraph. 1, including the establishment and operation of the database, access to the database and payment of expenses in connection therewith and the fee is and what information the database can contain, including registration of genetic resources and rights.
PCS. 3. The Government may enter into an agreement with a company or an institution for its operation of the database in accordance with paragraph. 1.
PCS. 4. The Government may establish terms and conditions on the application for Greenland of Danish databases that collect and receive information regarding the use of genetic resources and of all relevant facts related thereto, including cooperation between the Government of Greenland and the Danish Government concerning the use of such a database.

PCS. 5. The Government may set terms and conditions for the creation or use of other databases that are covered by international agreements or obligations that apply in Greenland, and all relevant facts related thereto.

Chapter 6
Authority consideration, etc.
Reporting
§ 21. A licensee under an exploitation license and a party after a profit-sharing agreement must regularly submit reports to the Government of Greenland on the basis of the utilization of genetic resources and other activities in connection therewith and the results thereof.
PCS. 2. The Government may set terms and conditions for the submission of reports in accordance with paragraph. 1 and the communication of information in general.
PCS. 3. The Government may set terms and conditions that a reporting form drawn up by the Government of Greenland, to be used when submitting reports under paragraph. 1.

PCS. 4. The Government may set terms and conditions that a licensee under an exploitation license and a party after a profit-sharing agreement must meet reporting requirements under international agreements and obligations that apply in Greenland.

Supervision and orders
§ 22. The Government shall supervise licensees, contracting parties and others' activities and conditions under this Act, including the terms and conditions laid down under this Act.
PCS. 2. The Government may issue an order to comply with the Greenland Parliament Act, the provisions laid down in pursuance of the Act, exploitation license terms and profit sharing agreement terms. Orders may be issued to rightsholders parties and others under the Act.

PCS. 3. Authority's employees have at any time without a court order against proper identification to access all parts of companies and activities under this Act, to the extent it is required to carry out supervisory functions.
PCS. 4. Licensees, parties and others under the Act must provide all information necessary for regulatory treatment of activities under the Act and exploitation licenses granted and profit sharing agreements concluded pursuant to the Act. Greenland Government may for the implementation of regulatory procedures under the Act order licensees, contract partners and others under the Act to submit the information in the manner and in the form that the Greenland Government considers necessary.

National contact, national authorities, national control point and clearinghouse for Access and Benefit-Sharing
§ 23. The Greenland Government may enter into an agreement with the Danish government, the government is and acts as the national contact point for Greenland for information on procedures and requirements for access to and utilization of genetic resources.
PCS. 2. The Government may, by agreement with the government about it provide for the Government of Greenland is the national contact point for Greenland for information on procedures and requirements for access to and utilization of genetic resources. see. paragraph. 1.

PCS. 3. The Government of Greenland is the national authority for Greenland for access to and utilization of genetic resources. The Government may provide for its powers and functions as the national authority for Greenland and its cooperation with other national authorities, including the Danish authorities in connection therewith.

PCS. 4. The Government's national checkpoint for Greenland for access to and utilization of genetic resources. The Government may provide for its powers and functions as the national test site for Greenland and its cooperation with other national authorities, including the Danish authorities in connection therewith.

PCS. 5. The Government is the national authority for Greenland for cooperation with the Clearinghouse for Access and Benefit-Sharing, established and operated by Nagoyaprotokollens Article 14. The Government may provide for its powers and functions as the national authority for Greenland for cooperation with the Clearinghouse for access and Distribution of Benefits and its cooperation with other national authorities, including the Danish authorities in connection therewith.

International certificates of compliance
§ 24. The Government may, in accordance with international agreements and commitments provide for the issuance and use, etc. of internationally recognized certificates of compliance and of all relevant facts related thereto, including the relationship between the new certificates and an exploitation license and a profit-sharing agreement.


The establishment of rules and conditions
§ 25. The Government may establish terms and conditions on all activities and conditions under the Act in accordance with the Greenland Parliament Act purposes, see. § 1.

PCS. 2. The Government may also specify terms and conditions as follows:

1) Conservation of Biological Diversity.

2) Sustainable use of genetic resources.

3) Fair and equitable sharing of dividends and benefits arising from the utilization of genetic resources.

4) ensuring appropriate access to genetic resources and the transfer of knowledge and technologies relating to genetic resources.

5) Technical conditions and safety, health, environment, resource utilization and social sustainability.

6) Naalakkersuisut, rights holders, and provisions concerning the rights and obligations relating collected and utilized genetic resources and results based thereon.

7) threatening emergencies where there may be a need for instant access to genetic resources.

Chapter 7
Penalties, compensation and confiscation etc.
§ 26. Fine may be imposed on persons who:

1) Making use of genetic resources without permission or an agreement about it, to the extent required for a license or agreement follows the Greenland Parliament Act.

2) Violating the terms of authorizations granted pursuant to the Act or profit sharing agreements concluded pursuant to the Act or regulations or the terms laid down in pursuance of the Act.

3) Submits incorrect or misleading information or withhold information that an authority is entitled under the Greenland Parliament Act or pursuant to provisions or conditions established in pursuance of the Act.

4) Failure to comply with orders issued pursuant to the Act or regulations issued in pursuance of the Act.
PCS. 2. The provisions laid down in pursuance of the Act it can be determined that for infringement of the rules can be fined under the Criminal Code for Greenland.
PCS. 3. Fines after paragraph. 1 or provisions laid down in pursuance of the Act, see. Paragraph. 2, may be imposed on a legal person under the provisions of the Criminal Code for Greenland.

PCS. 4. Fines imposed in pursuance of the Act or the terms and conditions laid down under this Act accrue to the Treasury.
§ 27. The Government may confiscate genetic resources that are utilized without exploitation license or contrary to the terms set out in an exploitation license or a profit-sharing agreement or provisions laid down in pursuance of the Act.

PCS. 2. The Government may set terms and conditions for compensation or confiscation of intellectual property and other forms of benefits from genetic resources obtained without the conclusion of a profit-sharing agreement with the Government of Greenland or in violation of a profit-sharing agreement with the Government of Greenland.
PCS. 3. Confiscation following paragraph. 1 or 2 is intended to benefit Greenland. Compensation under paragraph. 2 accrue to the Treasury.

Chapter 8
Dispute Resolution
§ 28. The Government may regulate and license terms and agree on contract terms for settlement of disputes relating to matters under the Act and matters under international agreements and obligations that apply in Greenland, to the extent they relate to matters under the Act. The Government can lay down on resolve such disputes in national courts in Greenland and Denmark, by arbitration or by using other dispute resolution mechanisms under international agreements.
PCS. 2. Cases under subsection. 1 shall be settled by Greenlandic law as well as Danish and international law applicable in Greenland.

Chapter 9
Entry into force and legal effect, etc.
§ 29. The Greenland Parliament Act shall enter into force on 1 June 2016. At the same time Rule Act no. 20 of 20 November 2006 on commercial and research use of biological resources.

Greenland, June 3, 2016

Kim Kielsen