However, due to unequal distribution of capital resources and technological prowess between countries rich in biological diversity and those that have well developed economic and legal structures, the South has been consistently exploited.
The CBD is designed with the intentions of remedying this anomaly. Thus its unstated objective is also to provide a platform to South from where it can enter the area of environmental resource management on equal footing with North. Those specific steps that have been undertaken in CBD to meet this objective may be described as below:
i. Empowering the South to regulate access to its biodiversity;
ii. Conditioning access to South’s biodiversity by requiring prior informed consent and sharing of benefits;
iii. Providing for transfer of technology from North to South; and
iv. Recognising the collective rights of local communities in developing countries who are the source of biodiversity and traditional knowledge and whose role in conservation is now universally acknowledged as of fundamental nature.
The objective of TRIPS is to make available proprietary claims and rights over products and processes. These products/processes may be related with biodiversity or not.
The proprietary rights ensured in TRIPS have to benefit the trading and the corporate world and have been so framed as provisions of the TRIPS that they become applicable globally. The legal safeguard intended in TRIPS are likely to guarantee monopoly of the products and processes to the people and groups who establish inventions of new plants and micro-organisms etc. and/or processes related with them.