ABSTRACT

One of the three objectives of the CBD, the equitable sharing of benefits from the use of genetic resources, is intended to promote the other two: conservation and sustainable use of genetic resources. Ten years after the CBD came into force, there are few publicized examples of benefits to developing countries from the use of plant genetic resources, and virtually none for aquatic genetic resources. The most obvious explanation is the slow progress in the development of access laws and the regulations that define how they'll work in practice. In the meantime, uncertainty about legal requirements for access has had a chilling effect on commercial and academic research and has left many indigenous and local communities uncertain about whether they have any rights to negotiate with collectors and, if so, how to go about it.