ABSTRACT

Whichever party initiates the negotiation, there are a number of basic steps that must be followed prior to commencing the negotiation proper. Firstly, it is necessary to identify the subject matter of the biodiversity prospecting activity (ie what resources and/or associated knowledge are being sought or are being offered). Secondly, it is crucial to decide with whom to negotiate. This requires identification of a party with the legal right to enter into an agreement regarding the proposed genetic resources (ie who is entitled to provide access to resources or knowledge).