The Contractual Regulation of Access to Biological Resources and Genetic Plant Information: An Agreement Between Mexican Communities and a Multinational Bio-Prospecting Concern

Abstract

"The paper deals with the question of the ownership, use and protection of biological resources with a high potential market value. While the Convention on Biological Diversity has been developed at international level to halt the rapid loss of biodiversity (international regime), bottom-up approaches also exist whereby communities negotiate with bio-prospecting multinational firms.

"The paper analyses a success story in Mexico wherby Sandoz, a multinational Swiss chemicals concern, concluded a contract with four Mexican communities governing the access to and use of raw plant material. The contract and process surrounding its establishment are studied and questions such as the appropriate consideration of local people, access and the sharing of benefits are examined. The paper concludes with an account of the conditions necessary for knowledge transfer and the success of bio-prospecting agreements."