Contracting for ABS : the legal and scientific implications of bioprospecting contracts

Contracts relating to scientific/technical development are effective only where they are enforceable or valid under relevant law, can be practically implemented by the Parties, and address matters arising from the relevant scientific/technical issues and practices. Negotiators are often hampered by their lack of knowledge of contractual law (and special legal concerns in the country in which users are located), and of the bio-technological techniques used to derive new molecules and genes or genetic or biochemical formulae from biological samples. This lack of knowledge means they may not be able to make the best choices on behalf of their country, community or institution. This book examines the special issues in applying contract law to the rights to take and utilize genetic resources; and the scientific issues and the manner in which they affect the negotiation of ABS agreements.