§ Baroness Miller of Chilthorne Domerasked Her Majesty's Government:
Whether it is the case that companies are not obliged to ask the appropriate government for permission to investigate local flora with a view to patenting them and are not obliged to seek a patent in the country of origin; and, if so, what guarantees 23WA there are that the country of origin is aware that local flora may be patented and that any benefit is returned to the country of origin. [HL3595]
§ Lord Sainsbury of TurvilleThe Convention on Biological Diversity (CBD) recognises that countries have sovereign rights over their genetic resources and the authority to determine access to them, including through national legislation. The CBD also requires that access to genetic resources should be subject to the prior informed consent of the providing country (unless that country determines otherwise) and that where granted, access should be on mutually agreed terms. Such terms should cover the sharing of benefits arising from the commercial and other use of those genetic resources.
Companies investigating local flora with a view to patenting must therefore, subject to the national law of the country concerned, seek the prior informed consent of that country and conclude mutually agreed terms.
Most contracting parties have experienced difficulties in the implementation of the access and benefit-sharing arrangements of the CBD. A draft set of guidelines (known as the Bonn Guidelines) on access and benefit-sharing are to be put to the Conference of the Parties of the CBD being held in The Hague on 7 to 19 April 2002. If adopted, they will provide significant help to governments and other stakeholders in the implementation of these arrangements.