There has been a debate on how this right of national sovereignty could be implemented in countries which lack the legal infrastructure to set up patent offices, courts, etc. The developing countries will have to formulate regulatory and legislative measures to achieve the desired benefits from the sovereign rights. However,CGIAR system, FAO and IPGRI have already taken some effective measures, so that sovereign rights of nations may be realized.
Article 15 of CBD addresses the issue of 'access to genetic resources' and states that the authority to determine access to genetic resources rests within the national governments and is subject to national legislation. In Article 15 of CBD, it h; provided that the access of one State to genetic resources of another State will be allowed for 'environmentalily sound use' with 'prior. informed consent' and will be based on 'mutually agreed terms'.
The implementation of the above provision would require that countries develop registers of biological resources, prepare national legislation and create institutions to enforce regulatory measures. In this connection, the mechanisms to facilitate prior informed consent and benefits have yet to develop in most countries.
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