Article 16. Access to and Transfer of technology
Release date | 08/11/2006 |
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Geographical coverage | Mondiale |
Keywords | texte de la convention |
1. Each Contracting Party, recognizing that technology includes biotechnology, and that both access to and transfer of technology among Contracting Parties are essential elements for the attainment of the objectives of this Convention, undertakes subject to the provisions of this Article to provide and/or facilitate access for and transfer to other Contracting Parties of technologies that are relevant to the conservation and sustainable use of biological diversity or make use of genetic resources and do not cause significant damage to the environment.
2. Access to and transfer of technology referred to in paragraph 1
above to developing countries shall be provided and/or facilitated under
fair and most favourable terms, including on concessional and
preferential terms where mutually agreed, and, where necessary, in
accordance with the financial mechanism established by Articles 20 and
21. In the case of technology subject to patents and other intellectual
property rights, such access and transfer shall be provided on terms
which recognize and are consistent with the adequate and effective
protection of intellectual property rights. The application of this
paragraph shall be consistent with paragraphs 3, 4 and 5 below.
3. Each Contracting Party shall take legislative, administrative or
policy measures, as appropriate, with the aim that Contracting Parties,
in particular those that are developing countries, which provide genetic
resources are provided access to and transfer of technology which makes
use of those resources, on mutually agreed terms, including technology
protected by patents and other intellectual property rights, where
necessary, through the provisions of Articles 20 and 21 and in
accordance with international law and consistent with paragraphs 4 and 5
below.
4. Each Contracting Party shall take legislative, administrative or
policy measures, as appropriate, with the aim that the private sector
facilitates access to, joint development and transfer of technology
referred to in paragraph 1 above for the benefit of both governmental
institutions and the private sector of developing countries and in this
regard shall abide by the obligations included in paragraphs 1, 2 and 3
above.
5. The Contracting Parties, recognizing that patents and other
intellectual property rights may have an influence on the implementation
of this Convention, shall cooperate in this regard subject to national
legislation and international law in order to ensure that such rights
are supportive of and do not run counter to its objectives.