Article 15. Access to Genetic Resources
Release date | 08/11/2006 |
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Geographical coverage | Mondiale |
Keywords | texte de la convention |
1. Recognizing the sovereign rights of States over their natural resources, the authority to determine access to genetic resources rests with the national governments and is subject to national legislation.
2. Each Contracting Party shall endeavour to create conditions to
facilitate access to genetic resources for environmentally sound uses by
other Contracting Parties and not to impose restrictions that run
counter to the objectives of this Convention.
3. For the purpose of this Convention, the genetic resources being
provided by a Contracting Party, as referred to in this Article and
Articles 16 and 19, are only those that are provided by Contracting
Parties that are countries of origin of such resources or by the Parties
that have acquired the genetic resources in accordance with this
Convention.
4. Access, where granted, shall be on mutually agreed terms and subject to the provisions of this Article.
5. Access to genetic resources shall be subject to prior informed
consent of the Contracting Party providing such resources, unless
otherwise determined by that Party.
6. Each Contracting Party shall endeavour to develop and carry out
scientific research based on genetic resources provided by other
Contracting Parties with the full participation of, and where possible
in, such Contracting Parties.
7. Each Contracting Party shall take legislative, administrative or
policy measures, as appropriate, and in accordance with Articles 16 and
19 and, where necessary, through the financial mechanism established by
Articles 20 and 21 with the aim of sharing in a fair and equitable way
the results of research and development and the benefits arising from
the commercial and other utilization of genetic resources with the
Contracting Party providing such resources. Such sharing shall be upon
mutually agreed terms.