UK Focal Point on Access to Genetic Resources and Benefit Sharing

Introduction | Legal Summary | Access To Resources | Related Links

Introduction and context

Why is the CBD and access to genetic resources relevant to me?

The CBD is relevant to anyone interested in environment and development issues. In particular, it provides a mandate, guidance, and, in some cases, opportunities for partnerships, technology transfer, capacity building and funding, for those involved in the conservation and sustainable use of biodiversity. See http://www.biodiv.org/ for further information

Access to genetic resources is a topic relevant for anyone involved in using biological materials that contain functional units of heredity (and, in some cases, their derivatives and associated traditional knowledge) for conservation, research, education and possible commercialisation.

Any individual or organisation that collects or acquires genetic resources should establish that they are doing so legally (see Access to genetic resources and the Legal summary). This not only supports the objectives of the CBD, to which the UK is a party, but clarifies the individual or organisation’s rights and responsibilities when using the genetic resources. This protects the user’s research and investment and helps to avoid potential legal action. (In many countries it is a criminal offence with severe sanctions to access genetic resources without prior informed consent. The right to use genetic resources and to derive commercial benefit from doing so might also be challenged in civil law, if the correct permission and/or agreements have not be obtained.)

The linked objectives of the CBD recognise that the sustainable use of the components of biodiversity and the sharing of benefits arising from the use of genetic resources, create an economic incentive for conservation of biodiversity.

Anyone using genetic resources may thus find the CBD relevant for the altruistic reason of supporting conservation and sustainable development, and for the self-interested reason of protecting their work and investment and avoiding legal action.