The Requirements of the Convention on Biological Diversity and its Effects on the Contracts of Access to Genetic Resources

Ebrahim Abdipour Fard,Seyed Jafar Mousavi

doi:10.29252/jabr.05.04.01

Abstract

The implementation of the convention on biological diversity (CBD) on contracts of access to genetic resources and sharing benefits of them has led those types of contracts to be away from the traditional contracts found in the law of contracts, and as a result, have found special formats to satisfy the requirements of the CBD. After studying the conditions and specific elements within the contracts of access to the genetic resources (ABS), we will find in this paper that these contracts are not consistent with any known conventional formats and are subject to the requirements of the CBD. Due to the implementation of requirements arising from the CBD as a binding international document, the principle of freedom in these contracts is faced with a number of limitations. The failure to comply with the requirements of the CBD by each party of these contracts, especially when one considers their obligations to provide grounds for the implementation of the aims of the CBD, leads to the modification or even revoking of ABS contracts.

Highlights

The need to provide food, health, and the development of public welfare has caused an increasing attention to carrying out research in the field of biotechnology with the aim of providing better products and achieving new methods both in the production foods and the production of medication
With the aim of facilitating access to genetic resources in the countries that have these resources, and fair and equitable benefit-sharing arising from the use of these genetic resources and biodiversity, an assembly consisting representatives of some countries made an attempt to ratify the convention on biological diversity (CBD) in 1972.1
Contrary to traditional law of contracts, in accordance with paragraph 4 of Article 15 of the CBD, ABS contracts are subject to the requirements of the CBD

Summary

Introduction

The need to provide food, health, and the development of public welfare has caused an increasing attention to carrying out research in the field of biotechnology with the aim of providing better products and achieving new methods both in the production foods and the production of medication. In order to contribute to the countries, individuals, and local communities in the conservation of their genetic resources and their traditional knowledge, in its Article 1, the CBD recognized the sovereignty right of states over their genetic resources. Contracts with the subject of access to genetic resources and fair and equitable benefit-sharing from genetic resources came into effect. Due to their novelty and the lack of proper strategy by the member countries from one side, and the requirements arising from the CBD from the other side, these access contracts have their own special nature and requirements. Some other texts mention it as Material Transfer Agreement (MTA)

Abdipour Fard and Mousavi

Conclusions