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¿The regulation of access and benefit sharing calls for a variety of specialized regimes
that adequately take account of the specificities of each or a number of
sectors/subsectors of biodiversity.
The CBD broadly covers all areas of biodiversity, while it does not prevent parties
from developing specific schemes to deal with defined types of genetic resources.
The delay in the establishment of a multilateral system for PGRFA, still under
negotiation, creates a vacuum in which national laws may tend to subject PGRFA to
the same treatment of other resources, thereby limiting the future feasibility of a
multilateral system of ample geographic reach. In order to avoid this likely situation,
it is advisable that national access laws include an exception clause providing that
PGRFA will be subject to the future multilateral system of access and benefit sharing,
as soon as such a system becomes operative and enforceable."

Author
Correa, Carlos M.
Publication date
Document type
Papers