BfN Schriften 564 - Implementation of the Nagoya Protocol: Fulfilling new obligations among emerging issues
The Convention on Biological Diversity (CBD) was adopted in 1992 at the UN Conference on Environment and Development (Earth Summit) in Rio de Janeiro. The Convention came into force in 1993 and has a membership of 196 states and the EU.1 Its three main objectives are the conservation of biological diversity, the sustainable use of its components, and the fair and equitable sharing of the benefits arising from the utilization of genetic re-sources.2 Our focus is the third objective on benefit-sharing, which is anchored on articles 15 and 8 j of the CBD. T
hese articles set the rules for access to genetic resources (GR) and traditional knowledge associated to such resources (aTK) and the sharing on benefits aris-ing from their utilisation. Accordingly, access must take place subject to the prior informed consent (PIC) of the party providing the GR and/or aTK and the establishment of mutually agreed terms (MAT) between the parties. In addition, benefits arising from their utilisation must be shared in a fair and equitable manner.