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New elements of the international regime on access and benefit-sharing of genetic resources:

M. Dross & F. Wolff

This study is concerned mainly with the design of an international access and benefit-sharing (ABS) regime and specifically with the question: which role would certificates of origin, source, or legal provenance play in such a regime?

The authors suggest that a common goal in benefit-sharing of genetic resources should be a regime that provides an effective means of promoting access and benefit-sharing in a fair and equitable way, offers legal clarity and certainty, and thereby protects both users and providers. It should contribute to the conservation and sustainable use of biodiversity. Terms like genetic resources, access and derivatives need to be defined in a way that facilitates the harmonisation of national ABS legislation and coherent international rules.

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