Bones of contention in the biodiversity pact
• You take my genes; I'll take your technology -- the acceptance of this argument was seen as a victory for the South. Article 16 of the Biodiversity Convention states: "Access to and transfer of technology...to developing countries shall be provided and/or facilitated under fair and most favourable terms..."
The US interpretation takes the phrase "fair and most favourable terms" to mean "terms that are determined by a free market without trade restrictions or government coercion".
• Paragraph 2 of Article 19 asks all signatories to "...take all practicable measures" to ensure contracting parties have access to the results and benefits of technologies based upon genetic resources provided by them, on a fair and equitable basis.
The US maintains, "...paragraphs 1 and 2 of Article 19 impose no obligation on contracting parties to coerce private companies to share biotechnological research with foreign governments or private companies."
• Paragraph 5 of Article 16 says signatories shall cooperate, subject to national legislation and international law, to ensure that intellectual property rights "are supportive of and do not run counter to" convention objectives.
The US interprets this para to mean: "In the case of proprietary technology, transfers may only take place on terms consistent with the effective protection of intellectual property rights...failure of a member country to extend such protection...is considered by the United States as being inconsistent with this provision of Article 16."
• On the issue of finance, the convention declares: "The contributions shall be such as to take into account the need for predictability, adequacy and timely flow of funds in accordance with the amount of resources needed to be decided periodically by the Conference of the Parties (COP) -- signatories to the convention -- and the importance of burden-sharing among the contributing parties."
The US interpretation states, "...the periodic decisions of the COP concerns the amount of resources needed by the financial mechanism, not the extent or nature and form of the contributions of the contracting parties."
• Article 19, para 3, asks the signatories to "...consider the need for and modalities of a protocol setting out appropriate procedures in the field of the safe transfer, handling and use of any living modified organism resulting from biotechnology..."
The US stresses this para "does not presume the necessity of a protocol on the procedures for the safe transfer, handling and use of living modified organisms resulting from biotechnology."