Intellectual Property Rights

CONVENTION ON BIOLIGICAL DIVERSITY
(a) INTRODUCTION
 The convention recognized for the first time in international law that the conservation of
biological diversity is "a common concern of humankind" and is an integral part of the
development process. The agreement covers all ecosystems, species, and genetic
resources. It links traditional conservation efforts to the economic goal of using biological
resources sustainably. It sets principles for the fair and equitable sharing of the benefits
arising from the use of genetic resources, notably those destined for commercial use.
 The convention reminds decision-makers that natural resources are not infinite and sets
out a philosophy of sustainable use. While past conservation efforts were aimed at
protecting particular species and habitats, the Convention recognizes that ecosystems,
species and genes must be used for the benefit of humans. However, this should be
done in a way and at a rate that does not lead to the long-term decline of biological
diversity.
 The convention also offers decision-makers guidance based on the precautionary
principle that where there is a threat of significant reduction or loss of biological diversity,
lack of full scientific certainty should not be used as a reason for postponing measures to
avoid or minimize such a threat. The Convention acknowledges that substantial
investments are required to conserve biological diversity. It argues, however, that
conservation will bring us significant environmental, economic and social benefits in
return.
 The Convention on Biological Diversity of 2010 would ban some forms
of geoengineering.[2]
(a) OBJECTS
The Convention on Biological Diversity (CBD), known informally as the Biodiversity

Convention, is a multilateral treaty. The Convention has three main goals:
1. conservation of biological diversity (or biodiversity);

2. sustainable use of its components; and
3. fair and equitable sharing of benefits arising from genetic resources
In other words, its objective is to develop national strategies for the conservation and sustainable
use of biological diversity. It is often seen as the key document regarding sustainable development.
(b) Salient Features of the convention on Biological Diversity

(i) For the first time in Internation law, the convention on Biological
Diversity recognized – “the conservation of biological diversity is
a common concern of human kind and is an integral part the
development process”
(ii) The convention covers all ecosystems, species and genetic

resources. It takes efforts to conserve biological resources for
sustainable use.
(iii) It also covers the biotechnology, technology development and

transfer of benefit, benefit sharing and bio safety issues.
(iv) It sets principles for the fair and equitable sharing of the benefits
arising from the use of genetic resources for commercial purposes.
(v) Some natural resources are limited and not infinite, sustainable use
of resources is a must.
(vi) Ecosystems, species and genes must be used for the benefit of
human beings in such a way that it does not lead to the decline of
biological diversity.
(vii) The convention has enunciated the precautionary principle that

when there is a threat of reduction or loss of biological diversity, it
is necessary to conserve it so that there will be immense
environmental, economic and social benefits.
(viii) It also cautioned, if there is no conservation of bio resources, due

to its depletion, future generation will be adversely affected.
(c) IMPLEMENTATION OF THE CONVENTION
The convention has implemented the following:

(i) It has taken measures for the conservation and sustainable use of
biological diversity.
(ii) It has brought in regulations for access to genetic resources and
traditional knowledge.
(iii) It has taken steps for fair and equitable shareing of the commercial
benefits of research and development in using the traditional
knowledge or biodiversity resources / genetic resources between
the contracting parties and the local communities which provided
the traditional knowledge or biodiversity resources.
(iv) It has taken steps to get access to and transfer of technology,

including biotechnology.
(v) It has extended technical and scientific cooperation to the

Governments and local communities which provided traditional
knowledge and / or biodiversity resources.
(vi) It has made “Impact assessment” in biodiversity resources
(vii) It imparts education and public awareness in biodiversity
(viii) It provides financial resources for the conservation and sustainable

use of biological diversity.
(ix) It requires “National reporting” by member states on the steps

taken by them to implement treaty commitments.
(x) The Biosafety Protocol of the Conbvention 2000 seeks to protect

biological diversity from the Risks posed by living modified
organisms, resulting from modern biotechnology.
(xi) As a part of Global Strategy for Plant Conservation, in 2001, it

adopted the Gran Canaria Declaration’s 16 point plan to slow the
rate of plan extinctions around the world by 2010.
(xii) Most of the member states have established “National
Biodiversity Strategies and Action Plans” to implement the
convention of biodiversity.

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CONVENTION ON BIOLIGICAL DIVERSITY

The Convention on Biological Diversity (CBD), known informally as the Biodiversity

1. conservation of biological diversity (or biodiversity);

(b) Salient Features of the convention on Biological Diversity

(ii) The convention covers all ecosystems, species and genetic

(iii) It also covers the biotechnology, technology development and

(vii) The convention has enunciated the precautionary principle that

(viii) It also cautioned, if there is no conservation of bio resources, due

(c) IMPLEMENTATION OF THE CONVENTION

The convention has implemented the following:

(iv) It has taken steps to get access to and transfer of technology,

(v) It has extended technical and scientific cooperation to the

(vi) It has made “Impact assessment” in biodiversity resources

(vii) It imparts education and public awareness in biodiversity

(viii) It provides financial resources for the conservation and sustainable

(ix) It requires “National reporting” by member states on the steps

(x) The Biosafety Protocol of the Conbvention 2000 seeks to protect

(xi) As a part of Global Strategy for Plant Conservation, in 2001, it

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