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Legal Aspects Of Prior Informed Consent On Access To Genetic Resources: An Analysis Of Global And Local Implications Towards An Optimal Normative Construction, Kuei-Jung Ni
Kuei-Jung Ni
Since the Convention on Biological Diversity (CBD) was in force, national implementation of the access to and benefit-sharing (ABS) requirement on genetic resources has been flourishing. Prior informed consent (PIC) of the ABS constitutes a major means to deter illegal bio-piracy and to ensure fair access to genetic resources. Given the differential social structure in individual nations, there seems to be no consistent pattern of PIC domestically. Some legislatures recognize the decisive role of indigenous or local communities in the context of enforcing PIC, making access to genetic resources impossible without their consent. On the other hand, several central governments …