Nagoya Protocol (Utilisation of Genetic Resources)
The 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 is a novel instrument in international nature conservation.
The Protocol is a binding international agreement on access to genetic resources and traditional knowledge associated with them and the fair and equitable sharing of benefits arising from their utilisation.
The Nagoya Protocol was adopted on 29 October 2010 at the Tenth Meeting of the Conference of the Parties (COP 10) to the Convention on Biological Diversity (CBD) in order to further elaborate the obligations on access and benefit sharing (ABS) under the CBD.
The Nagoya Protocol entered into force on 12 October 2014.
What is ABS?
Access and benefit sharing (ABS) refers to the access to genetic resources and the fair and equitable sharing of benefits arising from their utilisation, which is the third goal under the CBD.
ABS serves under the CBD as an instrument to ensure that the value of biodiversity is better taken into account in research for and the creation of new products and, by virtue of the value thus attached to biodiversity, to create incentives for its conservation and sustainable use.
In accordance with the ABS principles enshrined in the CBD and reaffirmed in the Nagoya Protocol, genetic resources are subject to the sovereign rights of states over their natural resources.
Parties are under a general obligation to give other Parties (not necessarily free of charge and unconditional) access to genetic resources.
At the same time, they are entitled to make access to their genetic resources subject to their prior informed consent and to require fair and equitable sharing of benefits arising from their utilisation.