Nagoya Protocol

Nagoya Protocol
Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from Utilization to the Convention on Biological Diversity

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  Parties
  signed, but not ratified
  non signatory, but Biological Diversity Convention party
  non signatory, non-Biological Diversity Convention party
Besides several member states, the EU is also a party (not on map)
Type Environmental
Signed 29 October 2010
Location Nagoya, Japan
Effective 12 October 2014
Condition 50 ratifications
Signatories 92
Parties 74
Depositary Secretary-General of the United Nations
Languages Arabic, Chinese, English, French, Russian and Spanish

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 2010 supplementary agreement to the 1992 Convention on Biological Diversity (CBD). 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 of biodiversity.[1] However there are concerns that the added bureaucracy and legislation will, overall, be damaging to the monitoring and collection of biodiversity, to conservation, the international response to infectious diseases, and to research.[2][3][4]

The Protocol was adopted on 29 October 2010 in Nagoya, Japan, and entered into force on 12 October 2014. It has been ratified by 74 parties, which includes 73 UN member states and the European Union. It is the second Protocol to the CBD; the first is the 2000 Cartagena Protocol on Biosafety.

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

Obligations

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:

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.

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:

Implementation

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:

Based on a country’s self-assessment of national needs and priorities, capacity-building may help to:

Criticism

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.[2][4] Non-commercial biodiversity researchers and institutions such as natural history museums fear maintaining biological reference collections and exchanging material between institutions will become difficult.[3]

See also

Notes

  1. ↑ "Nagoya Protocol".
  2. 1 2 "Biopiracy ban stirs red-tape fears".
  3. 1 2 "The Nagoya Protocol on Access and Benefit Sharing -- International treaty poses challenges for biological collections".
  4. 1 2 "A plea for open science on Zika". www.sciencemag.org. Retrieved 2016-04-02.

External links

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