A Study on the Letter of Collection of the National Cancer Institute of US and the INBio-Merck Agreement to the Access to Genetic Resources and Benefit-Sharing
This article study the Letter of Collection(LOC) of U.S. National Cancer Institute(NCI) and the INBio-Merck Agreement as a international cases of the Access to Genetic Resources and Benefit- Sharing. These cases have the matching parts to the provisions of concern international norms. But, these cases not reflected the provisions of international norm because they concluded before 2010. So access to genetic resources and benefit sharing agreement will be concluded in the future must include the following contents. First, the provisions of the provider and the user of genetic resources as a parties of benefit sharing agreement. Second, the provisions of participation of stakeholders. Third, the provisions of prior informed consent. Prior informed consent must provide basic principles, elements, competent national authority granting and information of procedures for obtaining prior informed consent. Fourth, the provisions of mutually agreed terms. Fifth, the incentive measures could be used in the implementation for conservation and sustainable use of biodiversity, to promote accountability of access and benefit sharing, to provide for national monitoring and reporting.