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Nagoya Protocol on Access and Benefit-Sharing

The Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization, often known as the “Nagoya Protocol on Access and Benefit-Sharing” is an international supplementary agreement to the Convention on Biological Diversity (CBD). The three objectives of the CBD are conservation, sustainable use, and fair and equitable sharing of benefits arising from the utilization of biological diversity and the traditional knowledge related with them. The third one is the foremost objective to the convention and is essential for the accomplishment of the first two as the benefits arising from utilisation of biological diversity would turn as enticement for the biodiverse countries and their local communities to conserve and sustainably use their biodiversity. 


To achieve the implementation of the third objective, Nagoya protocol was adopted during 10th Conference of Parties (COP) to the CBD on 29 October 2010 in Nagoya, Japan, entering into force on 12 October 2014. Including 96 UN member states and the European Union, the protocol has been ratified by 97 parties. India also ratified the protocol at the 11th COP to the convention in Hyderabad on October 9 2012.

The aim of the Nagoya Protocol is to set a global, legally binding framework to encourage a transparent and effective implementation of the “Access and Benefit Sharing (ABS)” concept at the regional, national and local level in the future. According to IUCN ABS, is a concrete example for “valuing biodiversity and its ecosystem services, and for taking proper account of this value as a prerequisite for conservation and sustainable use”.


The Nagoya Protocol applies to genetic resources that are covered by the CBD, and to the benefits arising from their utilization. The Nagoya Protocol also covers traditional knowledge related with genetic resources that are covered by the CBD and the benefits arising from its utilization.

Importance of Nagoya Protocol

This Protocol will be helpful for both providers and users of biological diversity to form better legal certainty and clarity by following means:

  • It establishes more predictable conditions for access to genetic resources.
  • It helps to ensure the provider country about benefit-sharing when genetic resources travel out of the country of the origin

By helping to ensure benefit-sharing, the Nagoya Protocol creates incentives to conserve and sustainably use genetic resources, and thus enhances the contribution of biodiversity to development and human well-being.

Obligations of the protocol to the parties

The Nagoya Protocol sets out core obligations for its contracting Parties to take measures in relation to access to genetic resources, benefit-sharing and compliance.

 

 

 

1.    Access obligations: Domestic-level access measures are to:

v  Create legal certainty, clarity and transparency

v  Provide fair and non-arbitrary rules and procedures

v  Establish clear rules and procedures for prior informed consent and mutually agreed terms

v  Provide for issuance of a permit or equivalent when access is granted

v  Create conditions to promote and encourage research contributing to biodiversity conservation and sustainable use

v  Pay due regard to cases of present or imminent emergencies that threaten human, animal or plant health

v  Consider the importance of genetic resources for food and agriculture for food security

2.    Benefit-sharing obligations

 

Domestic-level benefit-sharing measures are to provide for the fair and equitable sharing of benefits arising from the utilization of genetic resources with the contracting party providing genetic resources. Utilization includes research and development on the genetic or biochemical composition of genetic resources, as well as subsequent applications and commercialization. Sharing is subject to mutually agreed terms. Benefits may be monetary or non-monetary such as royalties and the sharing of research results.

 

3.    Compliance obligations

Specific obligations to support compliance with the domestic legislation or regulatory requirements of the contracting party providing genetic resources, and contractual obligations reflected in mutually agreed terms, are a significant innovation of the Nagoya Protocol. Contracting Parties are to:

 

v  Take measures providing that genetic resources utilized within their jurisdiction have been accessed in accordance with prior informed consent, and that mutually agreed terms have been established, as required by another contracting party

v  Cooperate in cases of alleged violation of another contracting party’s requirements

v  Encourage contractual provisions on dispute resolution in mutually agreed terms

v  Ensure an opportunity is available to seek recourse under their legal systems when disputes arise from mutually agreed terms

v  Take measures regarding access to justice

v  Take measures to monitor the utilization of genetic resources after they leave a country including by designating effective checkpoints at any stage of the value-chain: research, development, innovation, pre-commercialization or commercialization

 

 

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