ABSTRACT

As genetic resources for food and agriculture (GRFA) fall within the scope of the Convention on Biological Diversity (CBD), its Nagoya Protocol and most regional and national biodiversity laws and arrangements, the access and benefit-sharing (ABS) provisions of these instruments have a direct impact on the practices of use and exchange of genetic resources in the food and agriculture sector. Whereas the special nature of GRFA has been widely acknowledged, most existing ABS laws and arrangements do not foresee special consideration for GRFA. This implies a risk of regulating their use and exchange without paying due attention to their specific characteristics and requirements.