Access to Genetic Resources under the Convention on Biological Diversity and the Law of the Federal Republic of Germany

The Convention on Biological Diversity (CBD), concluded on 5 June 1992 stipulates a sovereign right of States to determine access to their genetic resources. Such right to determine access to genetic resources plays a key role in the further development and implementation of the Convention. It is the objective of this research project to discuss a possible design for a legal regime regulating the access to genetic resources within the Federal Republic of Germany. In doing so, the concept of the Convention had to be summarized briefly. Then, the provisions of the Convention on access to genetic resources are analyzed in some detail. In that basis, the design of a German legal regime on access is discussed, taking into account the provisions of the Convention and existing German law. Implementation and enforcement of legislation on access is given special attention. The last chapter of the study deals with the provisions of the CBD on participation and benefit-sharing as connected to the provision of genetic resources.