ABSTRACT
In Costa Rica, the National Institute of Biodiversity (InBio) has for over ten years taken responsibility for protecting the national interest in negotiating contracts with foreign companies for the use of genetic resources in research and development activities. This has proved a valuable experience for Costa Rica, bringing international renown and assistance for the development of InBio and the national biotechnological industry. InBio has received media attention and acclaim for its biodiversity prospecting agreement with Merck, which brought it to international attention. However, negotiation of this agreement would not have been possible had it not been for the capacity of the Guanacaste Conservation Area (GCA) to offer a guarantee of continuous access to resources, including repeat collections, during the period of the agreement. However, under Costa Rica’s legislation, as a national protected area the GCA was not entitled to enter into commercial agreements for use of natural resources, thus demonstrating the need for collaboration with InBio. At the same time, lack of unambiguous regulations to provide InBio with the legal mandate to enter into such contracts led to a protracted and often acrimonious national debate on access, and much criticism of InBio’s operations. Costa Rica has recently adopted biodiversity legislation, which includes provisions relating to access agreements. This will not only provide guidance for InBio in future negotiations, but also will ensure that the interests of those parties negotiating for access are legally secured.
