Genetic resources (genetic material of actual or potential value including elements of biological diversity in their natural setting, and modern or traditional cultivars and breeds used in agriculture, and special genetic stocks) can provide an important input for research and the development of new products, in an increasingly broad range of technological and industrial sectors. The terms and conditions of access to genetic resources, the exercise of prior informed consent by the providers of genetic resources, and the resulting arrangements made for the sharing of benefits from their use and development, are critical issues. Existing international law and a number of regional, national and sub-national laws and regulations set the framework for exercising prior informed consent for access to genetic resources, and determining the terms and conditions of access, in particular ensuring that this material is used sustainably and the benefits of its use are shared equitably. Key elements of international law include the Convention on Biological Diversity (CBD) and the International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGR) of the Food and Agricultural Organization (FAO). Within access and benefit-sharing agreements and legal regimes permitting access to genetic resources, the specific arrangements made for intellectual property management can be crucial in ensuring that they operate to create benefits from access to genetic resources, and in particular to ensure that those benefits are shared equitably and the interests and concerns of the resource providers fully respected. |