491-498 Synopsis.p65

The Convention on Biological Diversity (CBD) was one of two legally binding treaties that were put out for signing at the Rio Summit in 1992. More than 180 nations have ratified the Convention so far. The signatories to the Convention are obliged to set up legislation and regulations to meet the objectives of the CBD, these being i) the conservation of biodiversity, ii) the sustainable use of its components; and iii) the fair and equitable sharing of the benefits arising out of the utilization of genetic resources (Article 1). The CBD introduces a new regime of source countries’ national sovereignty over genetic resources, where there has generally been open access to these resources without restrictions or regulative charges involved. The ownership, control, and distribution of benefits from the use of biodiversity have been contested vigorously—through economical, political, legal and even military means—for centuries. In recent years, especially since the coming into force of the CBD, more formalized and internationally sanctioned mechanisms have begun to emerge. Chief among these are the use of contracts and other agreements between source countries/institutions and recipients, who seek access to biological resources for the purpose of research, development, and commercialization. Today, pharmaceutical companies constitute an important group of actors focusing on bioprospecting (biodiversity prospecting). This activity includes the collection of plants taxonomically identified and/or screened for medically active components. It is well established that the tropics are rich in biodiversity. More than two thirds of all plant species are also located in the Third World, attracting bioprospectors searching for medicinal plants (1, 2). Collection is in part based on ethno-directed sampling with the use of local and/or indigenous knowledge, as well as random and taxonomically directed sampling (3, 4).