The effects of requirements of convention on biological diversity(CBD) on biotechnology transfer contracts

The recognition of convention on biological diversity(CBD) by different countries including Iran, lead to some obligation for them in relation to access and benefit sharing contracts that be concluded in territory of those countries .The results of this research indicate that biotechnology transfer contracts in contrary of another fields of intellectual property, have a special legal condition and are under the requirements of CBD, specially article 16, such as prior informed consent of provider country of genetic resources (PIC), and mutually agreed terms (MAT) .
Considering Iran’s membership in CBD and the necessity to comply with its requirements, their applying criteria as to biotechnology transfer contracts and also their legal effects on these contracts will be studied in this article. We will conclude that due to provenance of requirements of CBD, biotechnology transfer contracts have a special legal nature and different legal rules and effects compared with traditional contract law.