ABSTRACT
CBD Article 15 (1) states that ‘Recognizing the sovereign rights of States over their natural resources, the authority to determine access to genetic resources rests with the national governments and is subject to national legislation’. This provision does not require countries to restrict access to genetic resources, it merely recognizes their right to do so. It is also important to note that the CBD’s recognition of state ‘sovereignty’ over genetic resources does not grant states a property right over genetic resources. Indeed, ownership of genetic resources is not addressed at all by the CBD and is a function of national or sub-national law. Most current national law, however, does not address the question of who actually owns genetic resources (as distinct from biological resources), and this is one of the key questions that national policy and legislation must address at the outset.
