ABSTRACT
Commercial biodiversity prospecting contracts – agreements relating to the collection, exchange and commercial development of biological resources – fall into a unique category. Given the recent origins of commercial biodiversity prospecting contracts, in most cases, participants have had to start from scratch in structuring and negotiating these agreements. Each agreement or set of agreements is unique, but fortunately there is a growing base of models from which to draw. Some authors have published proposed contractual forms in books and articles as possible starting points for negotiations (eg Downes et al, 1993; Putterman, 1996). Several dozen biodiversity prospecting agreements have been completed this decade in different countries and representing a range of
partnerships (Rosenthal, 1996; ten Kate and Laird, 1999). Agreements cover pharmaceuticals, agricultural products, botanicals, cosmetics and other industrial products.
