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The Nagoya Protocol

The Nagoya Protocol

  • The Nagoya Protocol is a key element in the global framework for sustainable development. It enhances legal certainty and transparency for users and providers of genetic resources.
  • It was adopted on 29 October 2010 in Nagoya, Japan as a supplementary agreement to the Convention on Biological Diversity.
  • The Nagoya Protocol establishes a framework that helps researchers access genetic resources for biotechnology research, development and other activities, in return for a fair share of any benefits from their use.
  • The objective of the Nagoya Protocol is to set an international, legally binding framework to promote a transparent and effective implementation of the ABS concept at the regional, national and local level in the future.
  • The Nagoya Protocol applies to genetic resources as well as traditional knowledge (TK) associated with genetic resources that are covered by the CBD and the benefits arising from its utilization.

The Nagoya Protocol will create greater legal certainty and transparency for both providers and users of genetic resources by:

  • Establishing more predictable conditions for access to genetic resources.
  • Helping to ensure benefit-sharing when genetic resources leave the country providing the genetic resources

The Nagoya Protocol sets out core obligations for its contracting Parties to take measures in relation to access to:

  • genetic resources
  • benefit-sharing
  • compliance.

Access to Genetic Resources

  • Provided rules should be fair and non-arbitrary and also their procedure.
  • Access measures should have legal certainty, transparency, and clarity.
  • Promote and encourage research contributing to biodiversity conservation and sustainable use
  • There should be clear rules for prior informed consent and mutually agreed to terms.
  • Consider the importance of genetic resources for food and agriculture for food security
  • Cases of imminent emergencies that threaten plant, animal, or human health should be considered.

Benefit-sharing

  • Utilization includes R&D on the biochemical or genetic composition of genetic resources, and also resultant applications & commercialization.
  • 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.
  • Benefits could be in the form of royalties and/or sharing of the results of the research.

Compliance

  • Ensure an opportunity is available to seek recourse under their legal systems when disputes arise from mutually agreed terms .              The Nagoya Protocol
  • This includes having legal provisions for the implementation of the protocol.

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Environment & Biodiversity

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