The Impact of the Convention on Biological Diversity on the Utilization of Plant Genetic Resources and Benefit Sharing

Abstract

Abstract Nowadays, many of the medicines marketed belong to the wide range of products deriving from biodiversity such as cosmetics, chemicals, crops, etc. The allocation of the monetary benefits derived from the marketing of the products is mostly realized through intellectual property rights systems. Contractual agreements containing intellectual property clauses are the main mechanism for gaining access to genetic resources and delivering benefits. The Convention on Biological Diversity (CBD), signed on 5 June 1992, was one of the main outcomes of the United Nations Conference on Environment and Development (UNCED). Its principal objectives are the conservation, sustainable use, and fair and equitable benefit sharing arising from the commercial use of biodiversity. The CBD recognizes the existence of intellectual property rights and stipulates that parties be cautious not to allow these rights to contradict the objectives of the CBD. However, it does not specify how benefits gained from a patented medicine must be shared. Developing nations face a variety of problems, such as over-population, foreign debt, and economic dependency. To cope with these pressures, species-rich countries trying to ameliorate their agricultural output by seeking more arable land stimulate deforestation—the largest threat to biodiversity—leading to the extinction of species. The main cause of biodiversity loss is hence economic pressure. In order to spur conservation of genetic material and plant species, economic incentives need to be designed to counterbalance the economic forces leading to the destruction of natural habitats. In this context, it is crucial to explore ways of sharing fairly and equitably the economic benefits resulting from the marketing of medicines produced with the use of genetic resources from developing countries and associated traditional knowledge. A reasonable compensation to the source countries for the production of medicines enhancing global welfare creates incentives for the sustainable management and conservation of their biodiversity.