ABSTRACT
Negotiation implies the existence of two or more rights holders who are prepared to enter into discussions in order to determine whether there is an issue of mutual interest over which they can agree. It also implies that they have an interest in entering into a legally binding arrangement under which the parties will each assume obligations in return for some compensation or benefit. Negotiations will normally commence following the demonstration by one party of its interest in accessing or providing resources, and a demonstrated interest in providing resources or in acquiring them by another party. Within the framework of the CBD, this negotiation process may be seen as fundamental
The Andean Pact Decision 391 specifies that agreements should include provisions that deal with the following issues:
• participation of regional scientists in research project activities; • assistance with investigations in the region that support conservation or sustain-
able use of biological diversity; • strengthening of mechanisms for the transfer of technologies and associated know-
how, including biotechnology, that are culturally, socially and environmentally sound and safe;
• provision of information on the background, state of the science etc that contributes the highest level of knowledge of the state of science relating to genetic resources, derived and synthetic products, as well as associated knowledge;
• strengthening of national and regional capacity relating to genetic resources and associated knowledge;
• strengthening and development of local, Afro-American and indigenous communities in relation to their knowledge, innovations and practices;
• obligation to put duplicate copies of all material collected in institutions nominated by the source-country authorities;
• obligation to inform the national authorities of the source-country of investigation results;
• terms for transfer of resources to third parties.
