Abstract

National laws on biological resources have emerged in response to the international legal framework on biological diversity – the United Nations Convention on Biological Diversity (CBD), 1993. The Convention is the international law for conserving biodiversity, ensuring sustainable use of its components and sharing benefits arising out of the use of genetic resources. This body of law comprises principles, guidelines and protocols for national practice. Two key protocols have developed under the Convention through intergovernmental processes; one is the Cartagena Protocol on Biosafety in effect from 2003. The other is the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the Convention on Biological Diversity, which entered into force in October 2014. Both these represent different dimensions of the relationship between bioresources and modern biotechnology. Distinct legal and regulatory regimes are developing for each of them at the country level.

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