Fair and Equitable Distribution of Benefits Derived from the Utilization of Genetic Resources and Traditional Knowledge. A review of some legal and doctrinal proposed solutions for its implementation

Abstract

The third objective of the Convention on Biological Diversity is the fair and equitable sharing of the benefits arising out of the utilization of genetic resources. Since its entry into force, the Convention country members have developed national laws on access and benefit-sharing (ABS) and experienced different difficulties while implementing them. This paper contains a critical review of the academic proposed solutions for the implementation of more efficient ABS systems. Such an analysis is preceded by a review of the gaps found in the Convention and the way they have been filled in by some national laws. Although from the findings it is not possible to derive formulas offering solutions to the identified problems, it is possible to derive working paths towards the achievement of that goal. This will also help to establish the state and development of the discussion in view of the current negotiations within the World Intellectual Property Organization for an agreement on one or more international instruments for the protection of Traditional Knowledge.