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Convention On Biological Diversity (1992)

[Preamble]

Article 1 - Objectives

Article 2 - Use of Terms

Article 3 - Principle

Article 4 - Jurisdictional Scope

Article 5 - Co-operation

Article 6 - General Measures for Conservation and Sustainable Use

Article 7 - Identification and Monitoring

Article 8 - In-situ Conservation

Article 9 - Ex-situ Conservation

Article 10 - Sustainable Use of Components of Biological Diversity

Article 11 - Incentive Measures

Article 12 - Research and Training

Article 13 - Public Education and Awareness

Article 14 - Impact Assessment and Minimizing Adverse Impact

Article 15 - Access to Genetic Resources

Article 16 - Access to and Transfer of Technology

Article 17 - Exchange of Information

Article 18 - Technical and Scientific Co-operation

Article 19 - Handling of Biotechnology and Distribution of Its Benefits

Article 20 - Financial Resources

Article 21 - Financial Mechanism

Article 22 - Relationship with Other International Conventions

Article 23 - Conference of the Parties

Article 24 - Secretariat

Article 25 - Subsidiary Body on Scientific, Technical and Technological Advice

Article 26 - Reports

Article 27 - Settlement of Disputes

Article 28 - Adoption of Protocols

Article 29 - Amendment of the Convention or Protocols

Article 30 - Adoption and Amendment of Annexes

Article 31 - Right to Vote

Article 32 - Relationship between this Convention and Its Protocols

Article 33 - Signature

Article 34 - Ratification, Acceptance or Approval

Article 35 - Accession

Article 36 - Entry into Force

Article 37 - Reservations

Article 38 - Withdrawals

Article 39 - Financial Interim Arrangements

Article 40 - Secretariat Interim Arrangements

Article 41 - Depositary

Article 42 - Authentic Texts

Annex I - Identification And Monitoring

Annex II

Part 1 - Arbitration

Article 1

Article 2

Article 3

Article 4

Article 5

Article 6

Article 7

Article 8

Article 9

Article 10

Article 11

Article 12

Article 13

Article 14

Article 15

Article 16

Article 17

Part 2 - Conciliation

Article 1

Article 2

Article 3

Article 4

Article 5

Article 6

Metadata

SiSU Metadata, document information

Manifest

SiSU Manifest, alternative outputs etc.

Convention On Biological Diversity (1992)

copy @ Lex Mercatoria

Convention On Biological Diversity (1992)

Article 16 - Access to and Transfer of Technology

1. Each Contracting Party, recognizing that technology includes biotechnology, and that both access to and transfer of technology among Contracting Parties are essential elements for the attainment of the objectives of this Convention, undertakes subject to the provisions of this Article, to provide and/or facilitate access for and transfer to other Contracting Parties of technologies that are relevant to the conservation and sustainable use of biological diversity or make use of genetic resources and do not cause significant damage to the environment.

2. Access to and transfer of technology referred to in paragraph 1 above to developing countries shall be provided and/or facilitated under fair and most favourable terms, including on concessional and preferential terms where mutually agreed, and, where necessary, in accordance with the financial mechanism established by Articles 20 and 21. In the case of technology subject to patents and other intellectual property rights, such access and transfer shall be provided on terms which recognize and are consistent with the adequate and effective protection of intellectual property rights. The application of this paragraph shall be consistent with paragraphs 3, 4 and 5 below.

3. Each Contracting Party shall take legislative, administrative or policy measures, as appropriate, with the aim that Contracting Parties, in particular those that are developing countries, which provide genetic resources are provided access to and transfer of technology which makes use of those resources, on mutually agreed terms, including technology protected by patents and other intellectual property rights, where necessary, through the provisions of Articles 20 and 21 and in accordance with international law and consistent with paragraphs 4 and 5 below.

4. Each Contracting Party shall take legislative, administrative or policy measures, as appropriate, with the aim that the private sector facilitates access to, joint development and transfer of technology referred to in paragraph 1 above for the benefit of both governmental institutions and the private sector of developing countries and in this regard shall abide by the obligations included in paragraphs 1, 2 and 3 above.

5. The Contracting Parties, recognizing that patents and other intellectual property rights may have an influence on the implementation of this Convention, shall cooperate in this regard subject to national legislation and international law in order to ensure that such rights are supportive of and do not run counter to its objectives.


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