UK Focal Point on Access to Genetic Resources and Benefit Sharing

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Legal Summary

Property

Somebody wishing to access genetic resources in the UK must obtain the permission of the owner of the genetic resources. Thus the owner’s permission is needed for access to domesticated and cultivated plants, animals and other genetic resources (including those in ex situ collections). In the UK, ownership of ‘wild’ or ‘in situ’ genetic resources is largely determined by who owns the land upon which they are found. In England, Wales and Northern Ireland, generally speaking, a person owns any genetic resources found in situ on his or her land, including plants, microorganisms, domestic animals and livestock. Wild animals other than game or fish are not owned by anybody, so to take them without permission is not theft, but Game and Poaching laws limit this exception so that a land-owner has rights over rabbits, hares and game birds. Also, the Theft Act makes it an offence, in England and Wales, to take, without permission, fish from private property or where there is a private right of fishery. The law is different in Scotland but the effect appears to be similar, at least with respect to salmon and sea trout.

Permission from the owner of the genetic resources is generally sufficient to access wild genetic resources, since an owner is free to dispose of its property voluntarily, whether by gift or sale. However, if the genetic resources are themselves protected species or found on a protected site, additional permission may be needed from the statutory authority responsible. (See also Protected species) Also, if the applicant for access would like to collect the specimens him or herself, permission will be needed from the landowner to enter the land (See also Access/trespass)

Information on who owns land in the UK is found from the respective Land Registries.