Laws and policy on biodiversity in Malaysia


Citation

Shaik Md Noor Alam S. M. H., . and Wan Izatul Asma W. T., . (2010) Laws and policy on biodiversity in Malaysia. [Proceedings Paper]

Abstract

This paper deals with international regimes on biodiversity impacting Malaysia;s position as a biodiversity rich country. The Convention on Biodiversity CBD recognizes the sovereign rights of states to the exclusive use and control over their biodiversity resources. The CBD too expects access to these resources should be made available to others on mutually agreed terms MAT subject to prior informed consent PIC and on the basis of benefits sharing BS. Thus ABS access and benefit sharing becomes a cornerstone of an international understanding on equitable sharing of the world resources between the technology rich nations and resource rich nations Concerns have been raised by some that the ABS mechanism may be subverted by TRIPs patentability requirements. The DOHA Declaration and call by some states for inclusion of CBD into TRIPs including disclosure requirement in patent application under TRIPs are central to the current debates over the CBD-TRIPs interface. The Biosafety aspect of biotechnology essentially covered under the Cartagena Protocol obligates member countries in respect of biosafety. The Malaysia Biosafety Act exemplifies this obligation. All these issues are examined in the context of Malaysia;s NBSAPS National Biodiversity Strategies and Action Plan 1998.


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Abstract

This paper deals with international regimes on biodiversity impacting Malaysia;s position as a biodiversity rich country. The Convention on Biodiversity CBD recognizes the sovereign rights of states to the exclusive use and control over their biodiversity resources. The CBD too expects access to these resources should be made available to others on mutually agreed terms MAT subject to prior informed consent PIC and on the basis of benefits sharing BS. Thus ABS access and benefit sharing becomes a cornerstone of an international understanding on equitable sharing of the world resources between the technology rich nations and resource rich nations Concerns have been raised by some that the ABS mechanism may be subverted by TRIPs patentability requirements. The DOHA Declaration and call by some states for inclusion of CBD into TRIPs including disclosure requirement in patent application under TRIPs are central to the current debates over the CBD-TRIPs interface. The Biosafety aspect of biotechnology essentially covered under the Cartagena Protocol obligates member countries in respect of biosafety. The Malaysia Biosafety Act exemplifies this obligation. All these issues are examined in the context of Malaysia;s NBSAPS National Biodiversity Strategies and Action Plan 1998.

Additional Metadata

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Item Type: Proceedings Paper
Additional Information: Available at Perpustakaan Sultan Abdul Samad Universiti Putra Malaysia 43400 UPM Serdang Selangor Malaysia. TP248.14 I61 2008 Call Number.
AGROVOC Term: Biodiversity
AGROVOC Term: Resource conservation
AGROVOC Term: Natural resources
AGROVOC Term: Genetic resources
AGROVOC Term: Traditional knowledge
AGROVOC Term: Ethnic groups
AGROVOC Term: Biosafety regulations
AGROVOC Term: Liabilities
AGROVOC Term: Laws
AGROVOC Term: Acts
Geographical Term: MALAYSIA
Depositing User: Ms. Suzila Mohamad Kasim
Last Modified: 24 Apr 2025 05:15
URI: http://webagris.upm.edu.my/id/eprint/13137

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