Nagoya protocol to the cbd on access to genetic resources and the fair and equitable sharing of benefits arising from their utilization to the convention on biological diversity, budapest treaty on the international recognition of the deposit of microorganisms for the purposes of patent procedure. Biologists must ensure that they have legal clarity in how they can and cannot use the genetic resources on which they carry out research. The nagoya protocol on access to genetic resources and the fair and equitable sharing of benefits arising from their utilization lyle glowka senior legal advisor, cbd secretariat. Pdf the nagoya protocol and indigenous peoples researchgate. Unraveling the nagoya protocol identifies textual, contextual and systemic interpretative questions and suggests solutions that aim to give a coherent and balanced meaning to the text of the protocol. Parties to the convention on biological diversity, hereinafter referred to as the convention, recalling. It provides a framework for the effective implementation of one of the three objectives of the convention on biological diversity. Pdf mutually agreed terms, patents, equitable sharing of. The nagoya protocol on access to genetic resources and the fair and equitable sharing of benefits arising from their utilization the protocol is a global agreement that implements the access and benefitsharing obligations of the convention on biological diversity cbd.
The protocol has the potential to increase equity, promote trust and improve both access to pathogens and their benefits, including access to medical interventions and countermeasures for countries in need supporting the attainment of health related sustainable development goals. Implementation of the nagoya protocol and pathogen sharing. Its objective is the fair and equitable sharing of benefits arising from the utilization of genetic resources, thereby contributing to the conservation and. The executive board at its 144th session in january 2019, agreed to include an item on the public health implications of implementation of the nagoya protocol on the draft provisional agenda of the seventysecond world health assembly. The nagoya protocol on access to genetic resources and the fair and equitable sharing of benefits arising from their utilisation abs is an agreement under international law, entered into by over 70.
Nagoya protocol on access and benefitsharing, in line with the recommendations of the second meeting of the openended ad hoc intergovernmental negotiating committee for the nagoya protocol on access and benefitsharing, held in new delhi from 2 to 6 july 2012. A commentary on the nagoya protocol on access and benefitsharing to the convention on biological diversity legal studies on access and benefitsharing morgera, professor in global environmental law elisa, tsioumani, elsa, buck, matthias on. Offering a systematic discussion of the protocols legal innovations against the background of general international law, this commentary aims. Nagoya protocol on access and benefit sharing bioscience. While the nagoya protocol sets out broad principles, such as prior informed consent and. Frequently asked questions on the nagoya protocol on abs. Overview of the nagoya protocol on access to genetic resources and the fair and equitable sharing of benefits arising from their utilization worku yifru, secretariat of the convention on biological diversity. An explanatory guide to the nagoya protocol on access and. Sustainable access and benefitssharing for indigenous and local communities. It was adopted by the conference of the parties to the convention.
Whether youre a student just getting your feet wet in research, or a curator, a teacher, or research faculty, this learning portal is built to help you find the resources you need. The convention on biological diversity and the nagoya protocol. It provides a transparent legal framework for the effective implementation of one of the three objectives of the cbd. Nagoya protocol 3 article 11 objective the objective of this protocol is the fair and equitable sharing of the benefits arising from the utilization of genetic resources, including by appropriate access to genetic resources and by appropriate transfer of relevant. The nagoya protocol lists in its annex many benefits supportive of public health, such as technology transfers and collaboration in scientific research, which could be implemented by parties through mutually agreed terms. Intellectual property implications ii the convention on biological diversity and the nagoya protocol. Nagoya protocol to the cbd on access to genetic resources and the fair and equitable sharing of benefits arising from their utilization to the convention on biological diversity, budapest treaty on the international recognition of the deposit of microorganisms for the purposes of. 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 1 came into effect in 2014. Resources and the fair and equitable sharing of benefits arising from their utilization is a multilateral environmental. In case you missed it, you can watch the video here. Pdf the nagoya protocol on access to 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, 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. Nagoya protocol status of signature, and ratification, acceptance, approval or accession. The nagoya protocol on access and benefitsharing, convention on biological.
There are seven countries from the pacific that have become parties to the protocol till date. Nagoya protocol status of signature, and ratification, acceptance, approval or accession as of october 28th, 20 cbd parties that have ratified or acceded to the protocol. The convention on biodiversity and the nagoya protocol. Although the nagoya protocol sets out broad principles, many details are left to domestic. The to paper aims to analyse in critical manner ue twofaced approach to the biodiversity rights, proposing mutually agreed terms and patents based on. Nagoya protocol on access and benefitsharing 3 nagoya protocol on access and benefitsharing determined to further support the effective implementation of the access and benefitsharing provisions of the convention, recognizing that an innovative solution is required to address the fair and equitable. Compliance with the nagoya protocol implementation of the nagoya protocol is to be coordinated by a newly formed international body known as the access and benefits sharing abs clearing house. The convention on biological diversity, its nagoya protocol, and. Explanation of the nagoya protocol on access and benefit. To achieve this goal, this international agreement consists of three clusters of rules, the socalled abc of the nagoya protocol. Jun 09, 2015 the nagoya protocol on abs was adopted on 29 october 2010 in nagoya, japan and entered into force on 12 october 2014, 90 days after the deposit of the fiftieth instrument of ratification. The convention on biological diversity, its nagoya protocol.
An offshoot of the convention on biological diversity, the nagoya protocol provides a framework for countries to draft legislation that governs access and benefitsharing agreements. Unraveling the nagoya protocol a commentary on the. Discuss the different views and approaches being considered or adopted at national level to meet the obligations under the protocol. Sources of innovation in abs for marine genetic resources in abnj lyle glowka executive coordinator. Its aim is the implementation of one of the three objectives of. The nagoya protocol entered into force in october 2014. The public health implications of implementation of the. The nagoya protocol on access to genetic resources and the. The convention on biological diversity, its nagoya. The nagoya protocol on access to genetic resources and benefit sharing.
Pdf on nov 6, 2014, david e schindel and others published reap the benefits of the nagoya protocol find, read and cite all the research you need on researchgate. Working with genetic resources and associated data requires greater attention since the nagoya protocol on access and benefit sharing abs came into force in october 2014. The nagoya protocol on access and benefitsharing convention. On 29 october 2010, the nagoya protocol on access to genetic resources and the fair and equitable sharing of benefits arising from their utilization abs to the convention on biological diversity was adopted in nagoya, japan. Not only must they work within the spirit in the convention on biological diversity. An access and benefitsharing clearinghouse to share information, such as domestic regulatory abs requirements or. The following steps are required to be taken in order to comply with the nagoya protocol. Problem structure, regime design and implementation challenges 32 2015 9 2 30 53 genetic resources and the fair and equitable sharing of benefits arising from their utilization nagoya protocol. Jul 19, 2011 the tenth session of the conference of the parties to the convention on biological diversity successfully adopted 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 in october 2010. Unraveling the nagoya protocol a commentary on the nagoya.
Diversity3 cbd and the nagoya protocol, namely, fair and equitable sharing of the benefits arising out of the utilization of genetic resources. The nagoya protocol on access and benefitsharing abs initiative. Webinar about the nagoya protocol from the us government. Difficulties complying with the nagoya protocol the protocol is impacting on research, requiring the researcher to seek permission to access genetic resources in advance of collection and thus at the project planning stage. The nagoya protocol on access and benefitsharing is a supplementary treaty adopted under the auspices of the convention on biological diversity cbd in nagoya, japan on 29 october 2010. The american institute for biological sciences presents a webinar presentation by patrick reilly from the us state dept titled life finds a way. The main goal of this explanatory guide is to facilitate the understanding of the legal obligations of the parties under the nagoya protocol on access to genetic resources and the fair and equitable sharing of benefits arising from their utilization abs to the convention on biological diversity. The nagoya protocol aims to provide legal certainty and transparency for both providers and users of genetic resources by establishing predictable conditions for access to genetic resources and through measures to support compliance with the regulatory or legislative requirements of the party providing the genetic resources. Negotiate an agreement to share benefits resulting from the use of a genetic resource known as mutually agreed terms or mat. Pdf the nagoya protocol on access to genetic resources and. The nagoya protocol entered into force on october 12th, 2014, as did partially eu regulation no.
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 was adopted at the tenth meeting of the conference of the parties, in nagoya, japan on 29 october 2010. Nagoya protocol on access to genetic resources and benefit. An explanatory guide to the nagoya protocol on access and benefit. The nagoya protocol convention on biological diversity. After six years of negotiation, the nagoya protocol on access to genetic resources and the fair and equitable sharing of benefits arising from their utilization to. Nagoya protocol on access to genetic resources and the fair and. The convention on biological diversity and the nagoya. Intellectual property implications, a handbook on the interface between global access and benefit sharing rules and intellectual property 1. Sharing of benefits arising from their utilization np. The agreementwhose official name is 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 diversityhas been in the making since 1998. The convention on biological diversity cbd had already established the fair and equitable sharing of benefits as one of its main objectives, and also outlined basic. The nagoya protocol and research on emerging infectious. The nagoya protocol on access to genetic resources and the fair and equitable sharing of benefits arising from their utilization abs to the convention on biological diversity is a supplementary agreement to the convention on biological diversity. By supporting benefitsharing, the nagoya protocol creates incentives to conserve and sustainably use genetic resources, and therefore enhances the contribution of biodiversity to development and human wellbeing.
They must negotiate mutually agreed benefits that will be shared from the intended use. The nagoya protocol is an agreement for the transparent and fair access and sharing of genetic resources derived from biodiversity in individual countries and falls under the umbrella of the. We welcome you to our learning community for the nagoya protocol. The protocol aims to regulate research on genetic resources. Guide to the ratification and accession to the nagoya. The protocol is a framework for how to conduct research and manage collections and associated information. The nagoya protocol and research on emerging infectious diseases. The nagoya protocol on access to genetic resources and. Usercountry measures and implementation in india technical report pdf available march 2016 with 558 reads how we. Download pdf parties to the nagoya protocol on access to genetic resources and fair sharing of the resulting benefits met last month in south korea to mark the protocol coming into force. They must negotiate mutually agreed benefits that will be. Nagoya protocol on access and benefit sharing technical brief.
Biological control and the nagoya protocol on access and. Jun 01, 2019 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 1 came into effect in 2014. The np entered into force on 12 october 2014, and so far, more than 100 countries have ratified the. The public health implications of implementation of the nagoya protocol report by the directorgeneral 1. This protocol governs access to genetic resources and the fair and equitable sharing of benefits arising from their utilization access and benefit. The convention on biological diversity, its nagoya protocol, and access to. Nagoya protocol on access and benefit sharing technical brief the nagoya protocol on access and benefit sharing is a landmark in the international governance of biodiversity. Establishing national focal points nfps and competent national authorities cnas to serve as contact points for information, grant access or.