Published online by Cambridge University Press: 19 September 2025
The Convention on Biological Diversity was the first convention to address biodiversity as a global common pool resource. The convention mandates the protection of biodiversity and deals simultaneously with distributive issues, that is, the allocation of benefits from the exploitation of germplasm resources. Although, “raw” germplasm resources have typically been treated as open access resources, “worked” germplasm resources are protected under various intellectual property right systems, such as breeders’ rights and patents. This disparity in the treatment of resources has prompted developing countries to assert jurisdictional control over their “raw” germplasm resources and to charge fees on persons (researchers, corporations) who wish to access such resources. This chapter analyzes the global arrangements for the sharing of benefits from the use of germplasm resources and whether such arrangements will be disrupted by the new techniques of synthetic biology and the advantages offered by the in silico conservation of germplasm resources. We further scrutinize whether the existing arrangements, or potential future configurations of benefit sharing, will have a tangible impact on the livelihoods of people of the developing world – indigenous peoples and farmers.
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