Aims and scope
The Nagoya Protocol applies to genetic resources that are covered by the CBD, and to the benefits arising from their utilization. The protocol also covers traditional knowledge associated with genetic resources that are covered by the CBD and the benefits arising from its utilization. Its aim is the implementation of one of the three objectives of the CBD: the fair and equitable sharing of benefits arising out of the utilization of genetic resources, thereby contributing to the conservation and sustainable use ofAdoption and ratification
The protocol was adopted on 29 October 2010 inObligations
The Nagoya Protocol sets out obligations for its contracting parties to take measures in relation to access to genetic resources, benefit-sharing and compliance.Access obligations
Domestic-level access measures aim to: *Create legal certainty, clarity, and transparency *Provide fair and non-arbitrary rules and procedures *Establish clear rules and procedures for prior informed consent and mutually agreed on terms *Provide for issuance of a permit or equivalent when access is granted *Create conditions to promote and encourage research contributing to biodiversity conservation and sustainable use *Pay due regard to cases of present or imminent emergencies that threaten human, animal, or plant health *Consider the importance of genetic resources for food and agriculture for food securityBenefit-sharing obligations
Domestic-level benefit-sharing measures aim 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.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: *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 *Cooperate in cases of an alleged violation of another contracting party's requirements *Encourage contractual provisions on dispute resolution in mutually agreed terms *Ensure an opportunity is available to seek recourse under their legal systems when disputes arise from mutually agreed terms (MAT) *Take measures regarding access to justice *Monitor the use of genetic resources after they leave a country by designating effective checkpoints at every stage of the value chain: research, development, innovation, pre-commercialization, or commercializationImplementation
The Nagoya Protocol's success will require effective implementation at the domestic level. A range of tools and mechanisms provided by the Nagoya Protocol will assist contracting parties including: *Establishing national focal points (NFPs) and competent national authorities (CNAs) to serve as contact points for information, grant access, or cooperate on issues of compliance *An Access and Benefit-sharing Clearing-House to share information, such as domestic regulatory ABS requirements or information on NFPs and CNAs *Capacity-building to support key aspects of implementation. Based on a country's self-assessment of national needs and priorities, capacity-building may help to: *Develop domestic ABS legislation to implement the Nagoya Protocol *Negotiate mutually-agreed terms *Develop in-country research capability and institutions *Raise awareness *Transfer technology *Target financial support for capacity-building and development initiatives through the GEFRelationship to other international agreements
A growing number of Preferential Trade Agreements (PTAs) include provisions related to access to genetic resources or to the sharing of the benefits that arise out of their utilization. Indeed, some recent trade agreements, originating notably from Latin American countries, provide specific measures designed to facilitate the implementation of the ABS provisions contained in the Nagoya Protocol, including measures related to technical assistance, transparency and dispute settlement.Jean-Frédéric Morin and Mathilde Gauquelin, Trade Agreements as Vectors for the Nagoya Protocol's Implementation, CIGI papers, no 115, 2016, http://www.chaire-epi.ulaval.ca/sites/chaire-epi.ulaval.ca/files/publications/paper_no.115.pdfCriticism
However, there are concerns that the added bureaucracy and legislation will, overall, be damaging to the monitoring and collection of biodiversity, to conservation, to the international response to infectious diseases, and to research. Many scientists have voiced concern over the protocol, fearing the increased red tape will hamper disease prevention and conservation efforts, and that the threat of possible imprisonment of scientists will have a chilling effect on research. Non-commercial biodiversity researchers and institutions such asSee also
* Animal Genetic Resources for Food and Agriculture * Bermuda Principles *References
Further reading
* *External links
* (CBD website) * {{Pollution 2010 in Japan History of Nagoya Treaties concluded in 2010 Treaties entered into force in 2014 Treaties of Afghanistan Treaties of Albania Treaties of Antigua and Barbuda Treaties of Argentina Treaties of Belarus Treaties of Belgium Treaties of Benin Treaties of Bhutan Treaties of Bolivia Treaties of Botswana Treaties of Bulgaria Treaties of Burkina Faso Treaties of Myanmar Treaties of Burundi Treaties of Cambodia Treaties of Cameroon Treaties of the Central African Republic Treaties of the People's Republic of China Treaties of the Comoros Treaties of the Democratic Republic of the Congo Treaties of the Republic of the Congo Treaties of Croatia Treaties of Cuba Treaties of the Czech Republic Treaties of Denmark Treaties of Djibouti Treaties of the Dominican Republic Treaties of Egypt Treaties of Ethiopia Treaties of Fiji Treaties of Finland Treaties of France Treaties of Gabon Treaties of the Gambia Treaties of Germany Treaties of Guatemala Treaties of Guinea Treaties of Guinea-Bissau Treaties of Guyana Treaties of Honduras Treaties of Hungary Treaties of Indonesia Treaties of India Treaties of Ivory Coast Treaties of Jordan Treaties of Kazakhstan Treaties of Kenya Treaties of Kyrgyzstan Treaties of Laos Treaties of Lesotho Treaties of Liberia Treaties of Luxembourg Treaties of Madagascar Treaties of Malawi Treaties of Malaysia Treaties of Mali Treaties of the Marshall Islands Treaties of Mexico Treaties of Moldova Treaties of Mongolia Treaties of Malta Treaties of Mauritania Treaties of Mauritius Treaties of the Federated States of Micronesia Treaties of Mozambique Treaties of Namibia Treaties of the Netherlands Treaties of Niger Treaties of Norway Treaties of Pakistan Treaties of Palau Treaties of Panama Treaties of Peru Treaties of the Philippines Treaties of Rwanda Treaties of Saint Kitts and Nevis Treaties of Samoa Treaties of Senegal Treaties of Serbia Treaties of Seychelles Treaties of Sierra Leone Treaties of Slovakia Treaties of South Africa Treaties of Spain Treaties of Sudan Treaties of Sweden Treaties of Eswatini Treaties of Switzerland Treaties of Syria Treaties of Tajikistan Treaties of Tanzania Treaties of Togo Treaties of Tuvalu Treaties of the United Arab Emirates Treaties of the United Kingdom Treaties of Uruguay Treaties of Venezuela Treaties of Vietnam Treaties of Zambia Treaties entered into by the European Union Biodiversity Environmental treaties United Nations treaties Genetics Convention on Biological Diversity