That the intrinsic value of the Earth’s gene pool, in all of its biological forms and manifestations, precedes its utility and commercial value, and therefore must be respected and safeguarded by all political, commercial and social institutions,

That the Earth’s gene pool, in all of its biological forms and manifestations, exists in nature and, therefore, must not be claimed as intellectual property even if purified and synthesized in the laboratory,

And,

Whereas, our increasing knowledge of biology confers a special obligation to serve as a steward on behalf of the preservation and well being of our species as well as all of our other fellow creatures,

Therefore, the nations of the world declare the Earth’s gene pool, in all of its biological forms and manifestations, to be a global commons, to be protected and nurtured by all peoples and further declare that genes and the products they code for, in their natural, purified or synthesized form as well as chromosomes, cells, tissue, organs and organisms, including cloned, transgenic and chimeric organisms, will not be allowed to be claimed as commercially negotiable genetic information or intellectual property by governments, commercial enterprises, other institutions or individuals.

The Parties to the treaty - to include signatory nation states and Indigenous Peoples - further agree to administer the gene pool as a trust. The signatories acknowledge the sovereign right and responsibility of every nation and homeland to oversee the biological resources within their borders and determine how they are managed and shared. However, because the gene pool, in all of its biological forms and manifestations, is a global commons, it cannot be sold by any institution or individual as genetic information. Nor can any institution or individual, in turn, lay claim to the genetic information as intellectual property.

-- Draft : Version 8 --