Access to Plant Genetic Resources - Legal Questions for Material on its Way into the Multilateral System of the Plant Treaty

Law Environment and Development Journal, Vol 11, No 1, 2015, pp. 35-50

This article concerns the topic of access to plant genetic resources for food and agriculture. Two international regimes for access and benefit sharing (ABS) are operating side by side. This article discusses the relationship between these two systems for access and benefit sharing, with a particular view to the inclusion of plant genetic resources into the multilateral system for exchange. Since both these systems regulates access and benefit sharing related to genetic resources, it is particular important to clarify the grey-zones between them. Clarifying this grey-zone is important since clarifying them will give guidance to the users as to which access authorities that shall address their access requirement and under which system access will be granted.