Contracting for ABS

Book excerpt: 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 contract law and of the biotechnological techniques used to derive new molecules and genes or genetic or biochemical formulas from biological samples. This lack of knowledge means they may not make the best choices. 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.