The Nagoya Protocol is an international agreement that entered into force on October 12, 2014. It facilitates the fair and equitable sharing of benefits from genetic resources, implementing a core objective of the Convention on Biological Diversity (CBD). This protocol provides a framework for how genetic resources, such as those from plants, animals, and microbes, are accessed and used. It ensures benefits are shared with the countries and communities providing them, promoting biodiversity conservation and sustainable use.
Why the Nagoya Protocol Was Created
The Nagoya Protocol emerged as a supplementary agreement to the 1992 Convention on Biological Diversity (CBD), seeking to strengthen its third objective concerning the fair and equitable sharing of benefits from genetic resources. The CBD recognized the sovereign rights of nations over their natural resources, including genetic resources, but a legally binding framework was still needed to ensure these rights were effectively implemented. Negotiations for an international regime on access and benefit-sharing (ABS) were initiated at the 2002 World Summit on Sustainable Development and concluded in 2010 with the adoption of the Nagoya Protocol.
The protocol specifically aimed to address concerns about “biopiracy,” which refers to the commercial or academic development of genetic resources without obtaining proper consent or providing fair compensation to the source country or community. Prior to the protocol, genetic resources were often accessed without clear rules, leading to situations where biodiversity-rich developing countries felt their resources and associated traditional knowledge were being exploited. The Nagoya Protocol sought to establish a transparent and legally certain framework, making unauthorized use of genetic resources and traditional knowledge illegal. This framework ultimately contributes to the conservation and sustainable use of biodiversity by providing incentives for countries to protect their genetic resources.
How Access and Benefit-Sharing Works
The Nagoya Protocol operates through Access and Benefit-Sharing (ABS), a system ensuring fairness in genetic resource utilization. This system has two main pillars: Prior Informed Consent (PIC) and Mutually Agreed Terms (MAT). PIC requires the provider country to grant permission before any access or use, ensuring they are fully aware and agree to the intended use.
Once PIC is granted, the user and provider negotiate Mutually Agreed Terms (MAT). These contractual agreements outline conditions for access and use, including how benefits will be shared. Terms cover aspects like research type (commercial or non-commercial), user, duration, and resource sharing.
Benefits can be monetary or non-monetary. Monetary benefits include royalties, access fees, or milestone payments. Non-monetary benefits include sharing research results, technology transfer, training, and capacity building for the provider country. For example, a pharmaceutical company developing a drug from a plant extract might share research data or provide training to local scientists. This process aims to foster collaborative research and ensure equitable distribution of gains.
What the Protocol Regulates
The Nagoya Protocol primarily covers genetic resources under the Convention on Biological Diversity (CBD), including genetic material from plants, animals, microbes, and fungi. It also extends to traditional knowledge associated with these resources, recognizing the invaluable contributions of indigenous and local communities. When traditional knowledge linked to genetic resources is accessed, the protocol requires similar provisions for prior informed consent and benefit-sharing.
“Utilization” of genetic resources, in the context of the protocol, refers to research and development activities on the genetic and/or biochemical composition of these resources. This broad definition encompasses both commercial and academic research endeavors. For example, this could involve sequencing genes, studying biochemical compounds for drug discovery, or developing new agricultural varieties. The protocol generally applies to genetic resources accessed after its entry into force in October 2014.
There are certain areas generally outside the Nagoya Protocol’s direct scope. It does not apply to human genetic resources. Additionally, some genetic resources covered by specialized international agreements, like those under the International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA) for specific food and agriculture purposes, are generally excluded from the Nagoya Protocol’s purview for parties to those specialized instruments. This ensures that existing frameworks for specific sectors are respected while still promoting overall fair and equitable practices.
Significance for Biodiversity and Research
The Nagoya Protocol holds importance for global biodiversity conservation by creating a direct link between the utilization of genetic resources and their protection. By ensuring that benefits are shared with provider countries and communities, the protocol provides incentives for these entities to conserve and sustainably manage their biodiversity. This mechanism recognizes the economic value of genetic resources, encouraging countries to safeguard their natural heritage rather than allowing its degradation. The protocol also promotes the sustainable use of biological components, aligning with broader environmental goals.
The protocol strengthens equity and fairness, particularly for indigenous and local communities who often serve as custodians of traditional knowledge associated with genetic resources. It mandates that their prior informed consent is obtained and that they participate in the benefit-sharing arrangements, acknowledging their historical contributions and rights. This fosters a more respectful and just approach to accessing and utilizing traditional knowledge, empowering these communities.
For scientific research and innovation, the Nagoya Protocol offers a transparent and predictable legal framework. Researchers and companies involved in bioprospecting or utilizing genetic resources now have clearer guidelines on how to access these materials lawfully, which can reduce legal uncertainties and foster greater collaboration. This improved clarity aims to encourage further research and development into genetic resources, potentially leading to new discoveries across various fields, from medicine to agriculture.