Publication

The relationship between access to genetic resources and benefit-sharing (ABS) and intellectual property is based on recognition of the following principle: the granting of patents or other intellectual property (IP) rights over biodiversity related innovations should be conditioned on biodiversity components being acquired, obtained or accessed legally. In other words, inventions derived from biodiversity, including genetic resources, must be submitted to additional scrutiny that requires such resources to comply with national ABS laws and regulations regarding the protection of associated traditional knowledge (TK) if it were the case. This is the principle of disclosure of origin and legal provenance that determines the link between IP and ABS.