Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the Convention on Biological Diversity, 2010
The Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization is a supplementary agreement to the Convention on Biological Diversity (CBD). It was adopted on October 29, 2010, in Nagoya, Japan, and entered into force on October 12, 2014.
The Nagoya Protocol addresses issues related to the access and utilization of genetic resources, which are derived from plants, animals, and microorganisms. It recognizes the sovereign rights of countries over their genetic resources and emphasizes the importance of obtaining prior informed consent and establishing mutually agreed terms for access to these resources.
The main objectives of the Nagoya Protocol are:
- Access to Genetic Resources: It sets out procedures and requirements for obtaining access to genetic resources. Users of genetic resources, such as researchers and companies, are required to seek permission from the country providing those resources and comply with its domestic laws and regulations.
- Benefit Sharing: The protocol aims to ensure the fair and equitable sharing of benefits arising from the utilization of genetic resources. This includes sharing the monetary and non-monetary benefits derived from research, development, and commercialization of products based on genetic resources.
- Compliance: The protocol establishes a compliance framework to monitor and ensure the implementation of its provisions. Parties to the protocol are required to take measures to enforce compliance and provide information on their access and benefit-sharing measures.
The Nagoya Protocol also encourages the use of traditional knowledge associated with genetic resources, especially from indigenous and local communities, and promotes capacity building and technology transfer to enhance the conservation and sustainable use of biodiversity.
As of my knowledge cutoff in September 2021, 125 countries had ratified the Nagoya Protocol, including major biodiversity-rich countries such as Brazil, India, and South Africa. The protocol provides a legal framework to promote transparency, fairness, and accountability in accessing and utilizing genetic resources while supporting the conservation and sustainable use of biodiversity.
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