International Framework for Access and Benefit Sharing Regime


Jiya Matharani, Ph. D Scholar &

Prof. Dr. Vimal Parmar Principal, K.P. Shah Law College, Jamnagar


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ABSTRACT

During the Rio Earth Summit in 1992 the convention on Biodiversity was adopted.CBD and its Bonn Guidelines defines Access and Benefit Sharing principle to respect the parties country’s sovereignty rights on animals , plants and other genetic resources found within its territories. In 2010 the Nagoya protocol for CBD specified the Access and Benefit Sharing principle to enhance legal framework for all the parties involved in utilization a genetic resources. Any interested foreign researcher or company may only access a genetic resources and traditional knowledge associated with the genetic resources only when it is allowed by the providing country. This paper will examine the various international instruments , providing legal framework to regulate the Access and Benefit Sharing regime.



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