Chapter 9: Access and benefit sharing measures
Developing countries have taken a two-pronged approach in their efforts to protect rights over their natural resources and traditional knowledge, and to prevent their misappropriation. These two approaches have been classified as positive and defensive measures. Positive measures seek to put in place a system which ensures that the countries providing such resources are assured firstly, of a voice in how and to what extent they are accessed, and secondly, of a fair share in the benefits derived from them. This approach is implemented by means of mechanisms which regulate access to genetic resources by those seeking to exploit them for commercial purposes. These measures will be discussed in this chapter. The other form of positive measures to protect such rights is the systems of plant variety protection which countries are required to put in place by the TRIPS Agreement. This is done either by way of patents or by sui generis legislation. These systems will be discussed in the next chapter. Defensive mechanisms of plant variety protection refer to pre-emptive measures intended to prevent the misappropriation and propertization of plant genetic resources for food and agriculture (PGFRA) and traditional knowledge, rather than to enable provider countries to gain any benefits from them. These measures will be considered separately in succeeding chapters. Both the CBD and the FAO Treaty have been informed by the ongoing debate on germplasm flows from the southern to the northern hemisphere, and the inequities of access to, and sharing of the benefits arising out of these resources.
You are not authenticated to view the full text of this chapter or article.
Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.
Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.
Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.