Gene co-ops and the biotrade: translating genetic resource rights into sustainable development

• Published in: Journal of ethnopharmacology Vol. 51; no. 1; pp. 75 - 92
• Main Author: Reid, Walter V.
• Format: Journal Article Conference Proceeding
• Language: English
• Published: Shannon Elsevier Ireland Ltd 01.04.1996; Elsevier
• Subjects: Access legislation; Animal Population Groups - genetics; Animals; Biodiversity prospecting; Biological and medical sciences; Biotechnology; Breeding; Cognitive problems, arts and sciences, folk traditions, folklore; Conservation of Natural Resources - economics; Conservation of Natural Resources - methods; Cooperatives; Drug development; Drug Evaluation, Preclinical - economics; Drug Industry - legislation & jurisprudence; Drug Industry - standards; Economics; Ecosystem; Entrepreneurship - standards; Ethnology; Gene Pool; General pharmacology; Genetic Engineering - standards; Intellectual Property; International Cooperation; Local community rights; Medical practices; Medical sciences; Natural products; nonfood plant products; Pharmacognosy. Homeopathy. Health food; Pharmacology. Drug treatments; plant breeding; Plant genetic resources; plant genetics; Plants - genetics; Plants, Medicinal; Public Policy; Social Control, Formal; Trade; Traditional sciences and medicine; Access legislation; Local community rights; Biotechnology; Trade; Natural products; Biodiversity prospecting; Plant genetic resources; Drug development; Cooperatives; Drug; Natural resources; Legislation; Natural product; Resource sharing; Discoveries; Institution; Biodiversity; Ethnic group; Medicinal plant; Exchange; International cooperation; Plant origin
• ISSN: 0378-8741; 1872-7573
• DOI: 10.1016/0378-8741(95)01351-2

The 1992 Convention on Biological Diversity marks a basic change in the international status of genetic resources. Prior to the Convention, these resources were considered to be the ‘heritage of mankind.’ Although the intent of this open access regime was to ensure the widespread availability of genetic resources for agriculture and industry, commercial use of the resources provided no additional economic incentive for conservation by source countries. The Biodiversity Convention corrects this policy failure by establishing that states have sovereign rights over their genetic resources, thereby enabling market incentives to complement various multilateral mechanisms that might directly fund biodiversity conservation. A number of obstacles face countries that are translating this broad right to regulate access into specific policies, laws, and regulations designed to meet conservation and development objectives. A review of these obstacles and of trends in technological development suggest that nations and developing country institutions should take a set of actions to develop access legislation and Material Transfer Agreements, establish biodiversity ‘cooperatives’ and intermediary institutions to facilitate information exchange, develop minimum standards for access legislation, and require that prior informed consent of local communities be obtained by all biodiversity collectors.