Understanding the benefit sharing

Posted by anon on 07/17/2021.
Related country: Ecuador


Checking the ABS national regulation of Guatemala and Ecuador, I am wondering how the sharing of the benefits will apply when countries ask for more than 50% of the benefits.

In Guatemala, the national regulation states that the country will receive not less 50% of the benefits resulting from the findings that could be patented or marketed.

In Ecuador, the Constitution (article 408) states that the country will participate in the benefits of taking advantage of the genetic resources in an amount that will be not less than those of the company that exploits them (meaning 50% or more).

Assuming that these 50% apply to all kinds of benefits, monetary and non-monetary, how can we expect to share these benefits in practice? How can we understand these 50% ?

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