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page 56

  issue 107 link
january 2005   

 

developing countries defending their genetic resources

The Philippines is one country that has long been active in this area. In 1995 they introduced legislation on access to genetic resources, which prescribes, among other things, that the prior informed consent of local communities is required before biodiversity in their territories can be collected. Andean countries have established legal frameworks that provide local communities with a right of prior informed consent before their traditional knowledge of local biodiversity can be exploited. African countries have developed an African Model Law for the Protection of the Rights of Local Communities, Farmers and Breeders and for the Regulation of Access to Biological Resources. They have collectively agreed that no patents should be granted on genetic resources found in their countries, including living processes based upon those genetic resources and related traditional knowledge.

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