Traditionally, the circulation of reproductive material - essentially of plant origin - is one of the earliest activities directly linked to genetic diversity. First came the exchange of seeds, followed by the prospection that accompanied all major discoveries, and the establishment of ex situ collections, principally for scientific purposes or as means of selection for agriculture. Genetic resources were then considered as a "common human heritage", but their conservation was non-binding for the States. However, important initiatives were developed in the agricultural domain, in particular under the auspices of FAO (United Nations Organisation for Food and Agriculture).

The situation took a radical turn in 1992 with the adoption during the Earth Summit of the Convention on Biological Diversity . It places the genetic resources under the sovereignty of the States, that become responsible for their conservation, while remaining free to decide on ways and means to do so.

These new rules had then to be adapted to the specific context of food and agriculture. Negotiations began at FAO, that resulted in 2001 in the adoption of the International Treaty on plant genetic resources for food and agriculture.

The utilisation of genetic resources was soon defined by a strict legal framework, first elaborated at national level, before international negotiations try and harmonise these national frameworks. In fact, obligations imposed by national legislation on users of genetic resources are very diverse, and aim principally to the protection of individual rights (material and intellectual property rights) or of indigenous communities (respect for their knowledge, innovations or traditional practices), to environmental protection (protected species or areas, sanitary regulations, introduction of genetically modified organisms), to consumer protection (regulations on the launch to market of medicines, seeds or food), or workers' protection (use or transport of pathogens).

To prevent the possibility that these regulations might create practically a barrier to international exchanges, several international organisations are hosting negotiations to give a common ground to, and sometimes even harmonise, national legislation. The negotiations that currently attract most attention deal with intellectual property rights, within the World Intellectual Property Organisation (WIPO, on intellectual property rights linked with genetic resources, traditional knowledge and elements of folklore), the World Trade Organisation (WTO, "TRIPS" Committee - Trade related intellectual property rights), or the UPOV (International Union for the Protection of New Varieties of Plants).

Based on the hypothesis that generating value from genetic resources encourages providing countries to ensure the conservation of these resources, the Convention on Biological Diversity requires users of genetic resources to share with the providing country, in a "fair and equitable way", any "results" arising from these resources, and in accordance with "mutually agreed terms". Moreover, in conformity with the principle of sovereignty, the legislation of the State rules "access to genetic resources", which is subject to "prior informed consent".

"Access and benefit-sharing" is now a topic for international negotiations. In the food and agriculture domain, the International Treaty on plant genetic resources for food and agriculture states that the genetic resources covered by its Multilateral System of access and benefit-sharing will be exchanged through a standard contract (standard material transfer agreement), that is to be adopted in June 2006 by the Parties to the Treaty. For the genetic resources used in other domains, a negotiation is going on within the Convention on Biological Diversity . It is to establish an "international regime" (set of principles, norms, rules and decision-making procedures) aimed at completing national legislation and exchange contracts, in order to ensure an effective implementation of access to genetic resources and sharing of the benefits resulting from their use.