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, also known as the Nagoya Protocol on Access and Benefit Sharing (ABS) 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. It sets out obligations for its contracting parties to take measures in relation to access to genetic resources, benefit-sharing and compliance.
Nagoya Protocol
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
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)
Arabic, Chinese, English, French, Russian and Spanish
The protocol was adopted on 29 October 2010 in Nagoya, Japan, and entered into force on 12 October 2014. As of April 2022[update] it has been ratified by 137 parties, which includes 136 UN member states and the European Union.
Concerns have been expressed that the added bureaucracy and legislation could be damaging to the monitoring and collection of biodiversity, to conservation, to the international response to infectious diseases, and to research.[1][2]
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 of biodiversity.[3]
Adoption and ratificationEdit
The protocol was adopted on 29 October 2010 in Nagoya, Japan, at the tenth meeting of the Conference of the Parties, held from 18 to 29 October 2010[4] and entered into force on 12 October 2014.
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 obligationsEdit
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 security
Benefit-sharing obligationsEdit
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 obligationsEdit
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 commercialization
ImplementationEdit
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 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 GEF
Relationship to other international agreementsEdit
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.[6]
CriticismEdit
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.[7][2][8]
Many scientists have voiced concern over the protocol, fearing the increased red tape will hamper disease prevention and conservation efforts,[1] and that the threat of possible imprisonment of scientists will have a chilling effect on research.[7][8] Non-commercial biodiversity researchers and institutions such as natural history museums fear maintaining biological reference collections and exchanging material between institutions will become difficult.[2]
^ abPrathapan, K. Divakaran; Pethiyagoda, Rohan; Bawa, Kamaljit S.; Raven, Peter H.; Rajan, Priyadarsanan Dharma (2018). "When the cure kills—CBD limits biodiversity research". Science. 360 (6396): 1405–1406. Bibcode:2018Sci...360.1405P. doi:10.1126/science.aat9844. PMID 29954970. S2CID 206667464. Retrieved 28 November 2018.
^ abcWatanabe, Myrna E. (June 2015). "The Nagoya Protocol on Access and Benefit Sharing—International treaty poses challenges for biological collections". BioScience. pp. 543–550. doi:10.1093/biosci/biv056.[dead link]
^"Strategic Plan for Biodiversity 2011-2020, including Aichi Biodiversity Targets". Convention on Biological Diversity. 21 January 2020. Retrieved 17 September 2020.
^"Parties to the Nagoya Protocol". Convention on Biological Diversity. 1 January 1970. Retrieved 2 June 2022.
^ abCressey, Daniel (2014). "Biopiracy ban stirs red-tape fears". Nature. 514 (7520): 14–15. Bibcode:2014Natur.514...14C. doi:10.1038/514014a. PMID 25279894. S2CID 4457904.
^ ab"A plea for open science on Zika". www.sciencemag.org. Retrieved 2 April 2016.
Further readingEdit
Smith, David; da Silva, Manuela; Jackson, Julian; Lyal, Christopher (1 March 2017). "Explanation of the Nagoya Protocol on Access and Benefit Sharing and its implication for microbiology". Microbiology. Microbiology Society. 163 (3): 289–296. doi:10.1099/mic.0.000425. ISSN 1350-0872. PMID 28086069.
Golan, Jacob; Athayde, Simone; Olson, Elizabeth; McAlvay, Alex (3 April 2019). "Intellectual Property Rights and Ethnobiology: An Update to Posey's Call to Action". Journal of Ethnobiology. Society of Ethnobiology. 39 (1): 90–109. doi:10.2993/0278-0771-39.1.90. ISSN 0278-0771. S2CID 198150482.
External linksEdit
About the Nagoya Protocol (CBD website)
"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: Nagoya, 29 October 2010". United Nations Treaty Collection. Chapter XXVII: Environment.
August 31, 2023
nagoya, protocol, access, genetic, resources, fair, equitable, sharing, benefits, arising, from, their, utilization, convention, biological, diversity, also, known, access, benefit, sharing, 2010, supplementary, agreement, 1992, convention, biological, diversi. 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 also known as the Nagoya Protocol on Access and Benefit Sharing ABS 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 It sets out obligations for its contracting parties to take measures in relation to access to genetic resources benefit sharing and compliance Nagoya ProtocolNagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the Convention on Biological Diversity 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 TypeEnvironmentalSigned29 October 2010LocationNagoya JapanEffective12 October 2014Condition50 ratificationsSignatories92Parties137DepositarySecretary General of the United NationsLanguagesArabic Chinese English French Russian and SpanishThe protocol was adopted on 29 October 2010 in Nagoya Japan and entered into force on 12 October 2014 As of April 2022 update it has been ratified by 137 parties which includes 136 UN member states and the European Union Concerns have been expressed that the added bureaucracy and legislation could be damaging to the monitoring and collection of biodiversity to conservation to the international response to infectious diseases and to research 1 2 Contents 1 Aims and scope 2 Adoption and ratification 3 Obligations 3 1 Access obligations 3 2 Benefit sharing obligations 3 3 Compliance obligations 4 Implementation 5 Relationship to other international agreements 6 Criticism 7 See also 8 References 9 Further reading 10 External linksAims and scope EditThe 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 of biodiversity 3 Adoption and ratification EditThe protocol was adopted on 29 October 2010 in Nagoya Japan at the tenth meeting of the Conference of the Parties held from 18 to 29 October 2010 4 and entered into force on 12 October 2014 As of April 2022 update it has been ratified by 137 parties which includes 136 UN member states and the European Union 5 Obligations EditThe 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 Edit 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 Edit 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 Edit 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 EditThe 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 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 EditA 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 6 Criticism EditHowever 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 7 2 8 Many scientists have voiced concern over the protocol fearing the increased red tape will hamper disease prevention and conservation efforts 1 and that the threat of possible imprisonment of scientists will have a chilling effect on research 7 8 Non commercial biodiversity researchers and institutions such as natural history museums fear maintaining biological reference collections and exchanging material between institutions will become difficult 2 See also EditAnimal Genetic Resources for Food and Agriculture Bermuda Principles Cartagena Protocol on Biosafety another supplementary protocol adopted by the CBDReferences Edit a b Prathapan K Divakaran Pethiyagoda Rohan Bawa Kamaljit S Raven Peter H Rajan Priyadarsanan Dharma 2018 When the cure kills CBD limits biodiversity research Science 360 6396 1405 1406 Bibcode 2018Sci 360 1405P doi 10 1126 science aat9844 PMID 29954970 S2CID 206667464 Retrieved 28 November 2018 a b c Watanabe Myrna E June 2015 The Nagoya Protocol on Access and Benefit Sharing International treaty poses challenges for biological collections BioScience pp 543 550 doi 10 1093 biosci biv056 dead link Nagoya Protocol 9 June 2015 Strategic Plan for Biodiversity 2011 2020 including Aichi Biodiversity Targets Convention on Biological Diversity 21 January 2020 Retrieved 17 September 2020 Parties to the Nagoya Protocol Convention on Biological Diversity 1 January 1970 Retrieved 2 June 2022 Jean Frederic 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 pdf a b Cressey Daniel 2014 Biopiracy ban stirs red tape fears Nature 514 7520 14 15 Bibcode 2014Natur 514 14C doi 10 1038 514014a PMID 25279894 S2CID 4457904 a b A plea for open science on Zika www sciencemag org Retrieved 2 April 2016 Further reading EditSmith David da Silva Manuela Jackson Julian Lyal Christopher 1 March 2017 Explanation of the Nagoya Protocol on Access and Benefit Sharing and its implication for microbiology Microbiology Microbiology Society 163 3 289 296 doi 10 1099 mic 0 000425 ISSN 1350 0872 PMID 28086069 Golan Jacob Athayde Simone Olson Elizabeth McAlvay Alex 3 April 2019 Intellectual Property Rights and Ethnobiology An Update to Posey s Call to Action Journal of Ethnobiology Society of Ethnobiology 39 1 90 109 doi 10 2993 0278 0771 39 1 90 ISSN 0278 0771 S2CID 198150482 External links EditAbout the Nagoya Protocol CBD website 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 Nagoya 29 October 2010 United Nations Treaty Collection Chapter XXVII Environment Retrieved from https en wikipedia org w index php title Nagoya Protocol amp oldid 1163733542, wikipedia, wiki, book, books, library,
