Biological Diversity Case Study

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The convention on biological diversity has settled down a set of rules for bio-prospecting contracts. The long coming exploitation of the natural resources on the name of biotechnology seems to end up by means of the said guidelines. Prior to this, when if there is any kind of natural resource was available, it was taken as it is free for use and to exploit, which gave rise to bio-colonialism, bio-piracy and other related problems. After CBD, a legal framework, taking all the problems in mind is laid down; restricting the idea of commodification of the traditional knowledge or the resources belongs to the indigenous people. People belong to such places were given a say in the new formulation. They are the people who can decide whether there should be any project or not; and if there is will be any project, what would be the terms and conditions of the said project. Their consent is made the essential most element of the contract, termed as Prior Informed Consent. There share in the project will also be decided under the contract, so that the commercialisation should not ruin the biology system for the sake of minting money. Cementing the rules of such said contract named as biological prospecting contracts, Convention on Biological Diversity laid down certain rules under its articles, to provide a fair and just position to the people related to such biological diverse places. Under Article- 8 of the convention, set of substantive and procedural rules laid down, ensuring the equal participation of both of the parties. Article- 8 (j) specifically talks about the role of the National Government to provide an effective legislation for the protection an preservation of the traditional knowledge and the people living in the a particular... ... middle of paper ... ...s, fungi, microorganisms, and genetic diversity. It is the international instrument for the sustainable development. In its idea, the ecosystem, species and genetic resources should be used for the benefit of humans in such a way that does not lead to the decline of biodiversity. The Convention on Biological Diversity (CBD), Article 1 (1992) has formalized the recognition that the preservation of environmental resources is intimately linked to the provision of economic incentives for individuals, groups and nations. It has provided support for both the fair and equitable sharing of benefits derived from genetic resources and the recognition of rights over these resources. Combined with internal legislation exercising the host counties property rights, appropriate intellectual property rights (IPR) laws in both the host country and the demand country, and resolution

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