ABSTRACT
The access and benefit-sharing provisions of the Convention on Biological Diversity (CBD) do not apply to collections made before the CBD entered into force in December 1993. Strictly speaking, organizations holding such pre-CBD collections are not obliged to obtain permission from countries of origin before supplying them, or to share with countries of origin the benefits arising from their use. However, a growing number of ex-situ collections can see the rationale for abiding by the letter and spirit of the CBD, and are developing policies and codes of conduct requiring them to do so. To begin with, even before the CBD, many materials were collected under permits (which are effectively contracts between those acquiring genetic resources and the body issuing the collecting permit). These permits may not have allowed the commercialization of the materials, so any proposed commercial use by ex-situ collections or those who receive materials from them may require additional permission. Secondly, many ex-situ collections rely for their scientific work on continuing access to new specimens. They are aware that countries may not be willing to allow collecting expeditions by ex-situ collectors who they know supply historical collections to companies without seeking the countries’ permission or sharing the benefits with them.
