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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

The Nagoya Protocol, in force since October 2014, is a supplementary agreement to the Convention on Biological Diversity (CBD). Its objective is to achieve fair and equitable sharing of benefits arising from the utilization of genetic resources. The protocol provides a solid basis for greater legal certainty and transparency for both providers and users of genetic resource.

Parties (Countries)

CountryState party since

12/12/2016

09/12/2016

06/10/2016

17/09/2015

20/09/2017

18/06/2014

22/04/2014

12/08/2013

16/05/2012

12/12/2012

08/07/2014

13/11/2014

05/09/2018

14/07/2014

Highlights

Information exchange (article 14)

An access and Benefit-sharing Clearing-House is hereby established a means for sharing of relevant related information. In particular, it shall provide access to information made available by each Party relevant to the implementation of this Protocol.

Participation of indigenous and local communities and prior informed consent (articles 6,7,11,15,16)

Each Party shall take measures, as appropriate, with the aim of ensuring that the prior informed consent or approval and involvement of indigenous and local communities is obtained for access to genetic resources where they have the established right to grant access to such resources.

In instances where the same genetic resources are found in situ within the territory of more than one Party or where the same traditional knowledge associated with genetic resources is shared by one or more indigenous and local communities in several Parties, those Parties shall endeavor to cooperate, as appropriate, with the involvement of indigenous and local communities concerned, where applicable, with a view to implementing this Protocol.

Raising awareness, building capacities and environmental education (articles 21 and 22)

Each Party shall take measures to raise awareness of the importance of genetic resources and traditional knowledge associated with genetic resources, and related access and benefit-sharing issues. Such measures may include. Such measures may include, inter alia: Information dissemination through a national clearing-house; Education and training of users and providers of genetic resources and traditional knowledge associated with genetic resources about their access and benefit-sharing obligations; involvement of indigenous and local communities and relevant stakeholders in the implementation of the Protocol.

The Parties shall cooperate in the capacity-building, capacity development and strengthening of human resources and institutional capacities to effectively implement this Protocol.

Access to justice (articles 6.3 ,16 and 18)

Party requiring prior informed consent shall take the necessary legislative, administrative or policy measures, as appropriate, to provide for Provide for legal certainty, clarity and transparency of their domestic access and benefit-sharing legislation or regulatory requirements; and provide for fair and non-arbitrary rules and procedures on accessing genetic  resources. 

Each Party shall take appropriate, effective and proportionate measures to address situations of non-compliance with measures adopted in accordance the Protocol.

Each Party shall encourage providers and users of genetic resources and/or traditional knowledge associated with genetic resources to include provisions in mutually agreed terms to cover, where appropriate, dispute resolution including: (a) The jurisdiction to which they will subject any dispute resolution processes; (b) The applicable law; and/or (c) Options for alternative dispute resolution, such as mediation or arbitration. 2. Each Party shall ensure that an opportunity to seek recourse is available under their legal systems, consistent with applicable jurisdictional requirements, in cases of disputes arising from mutually agreed terms. 3. Each Party shall take effective measures, as appropriate, regarding: (a) Access to justice; and (b) The utilization of mechanisms regarding mutual recognition and enforcement of foreign judgments and arbitral awards.