Bioprospecting: Promoting and Regulating Access to Genetic Resources and Benefit Sharing

Abstract

Advances in biotechnology and associated areas have increased the value of biodiversity and related knowledge of indigenous communities, and lent impetus to global bioprospecting activities. The Convention on Biological Diversity created a framework for regulation of such activities and replaced the existing regime of free access to bioresources with a framework where indigenous communities would be compensated for use of their knowledge, innovation, and practices. Member nations have put in place or are in the process of establishing national and regional measures to operationalise the principles of the Convention, regulating bioprospecting so as to ensure that access to their genetic resources and subsequent benefit sharing are on mutually agreed terms based on prior informed consent of resource providers. This paper looks at bioprospecting in general, discusses how such activities can be encouraged and takes up various legislative, private legal and non-legislative measures that can be adopted to set up a regulatory regime.