The provision requires from state parties to “respect, preserve and maintain knowledge, innovations and practices” of such communities and to “promote their wider application with the approval and involvement of the holders of such knowledge, innovations and practices and encourage the equitable sharing of benefits arising from the utilization of such knowledge, innovations and practices”. The obligations for a national government to protect such traditional knowledge arise, however, “subject to its national legislation”. In line with the utilitarian view of biodiversity conservation, Article 11 CBD foresees further that governments shall
“as far as possible and as appropriate, adopt economically and socially sound measures that act as incentives for the www.selleckchem.com/products/qnz-evp4593.html conservation and sustainable use of components of biological diversity”. “Incentives” Compound C datasheet has been interpreted as including not only economic but also social and legal measures (Biber-Klemm and Szymura Berglas 2006, pp. 31–34). This in turn may include property right mechanisms such as the granting of intellectual property screening assay rights to holders of traditional knowledge (Newell 2008, p. 85). The International
Treaty on Plant Genetic Resources for Food and Agriculture (ITPGR), negotiated under the auspices of FAO in 2001 and in force since 2004, aims at playing a similar role as the CBD for agricultural biodiversity. Its objectives are “the conservation and sustainable use of plant genetic resources for food and agriculture and the fair
and equitable sharing of the benefits arising out of their use, in harmony with the Convention on Biological Diversity, for sustainable agriculture and food security” (Article 1.1). According to the preamble it sees questions regarding the management of plant genetic resources for food and agriculture as being “at the meeting point between agriculture, the environment and commerce” and it aims to promote “synergy among these sectors”. Similarly as the CBD, the ITPGR establishes a special role Montelukast Sodium for farmers, indigenous and local communities. It requires from parties to “promote or support, as appropriate, farmers and local communities’ efforts to manage and conserve on-farm their plant genetic resources for food and agriculture” (Article 5.1 (c)); and “to promote in situ conservation of wild crop relatives and wild plants for food production, including in protected areas, by supporting, inter alia, the efforts of indigenous and local communities” (Article 5.1 (d)). Intellectual property rights in the CBD and in TRIPS The CBD recognises and respects intellectual property rights (Article 16.2. CBD), but foresees in Article 16.5.