Concluding Comments
Intellectual property rights are one potential benefit of a successful bioprospecting project. Patents may be obtained for biological substances that have been isolated, purified, described and found to contain useful properties. Successful product development, manufacturing and marketing may or may not follow.
At the time of arranging access for the collection of samples, an access and benefit-sharing contract may stipulate how any benefits, including those that may result from obtaining intellectual property rights, will be shared by the parties concerned (including land owners, researchers, investors, government agencies and traditional knowledge holders). Bioprospecting frameworks developed in some countries make the conclusion of access and benefit-sharing contracts compulsory. This is a potential option for New Zealand.
Some States have also suggested changes to international patent law to require compulsory disclosure of genetic resources and associated traditional knowledge in patent applications. The aim is to ensure that patents are not granted for inventions based on resources not acquired in accordance with access and benefit-sharing regulations established pursuant to the CBD.
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