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Chapter 39 : The Convention on Biological Diversity and Benefit Sharing
Microbiologists today face a challenge not only to stay abreast of a fast-moving and interdisciplinary field of science, but also to be conversant with the law and policy affecting them, ranging from treaties and national laws to contracts and intellectual property rights. The Convention on Biological Diversity (CBD) and the other policy instruments that have arisen in its wake are among the most significant of these. The objectives of the CBD are the conservation of biological diversity, the sustainable use of its components, and the fair and equitable sharing of the benefits arising from the use of genetic resources, including, through access to genetic resources, technology transfer and funding. The Micro-Organisms Sustainable Use and Access Regulation International Code of Conduct (MOSAICC) is a living document and, like the Bonn Guidelines on Access and Benefit Sharing, is open to further improvement. It aims to assist countries providing microbial genetic resources by suggesting procedures to issue prior informed consent (PIC), as well as to monitor the transfer of genetic resources, enabling fair and equitable sharing of the possible benefits arising from their utilization. PIC and the nature of the benefits to be shared are increasingly commonly committed to an agreement. A number of different contractual arrangements may contain provisions related to access to genetic resources, traditional knowledge, benefit sharing, and intellectual property rights.