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. Nagoya protocol details on procedure for access and benefit sharing. A workshop on facilitating access and benefit sharing abs for pathogens to support public health, organized by the world health organization in collaboration with the secretariat of the convention on biological diversity, took place on 1112 june 2018 in geneva, switzerland. Introduction to access and benefitsharing and the nagoya protocol. The convention on biological diversity and the nagoya protocol establish that genetic resources shall be accessed only upon the existence of prior informed consent of the country that provides those resources and that benefits arising from their utilization shall be shared. Access to genetic resources and benefit sharing 25 years on. It is therefore a legally binding agreement covering the usage of genetic resources. The convention on biological diversity and the nagoya protocol. In october 2012, the european commission presented a proposal for a regulation to implement the mandatory elements of the nagoya protocol for the european union. Below you can find a number of preparatory documents. Pillars of the nagoya protocol the abc of abs access not implemented at eu level contractual each stateparty to decide if they establish access rules, incl. An explanatory guide to the nagoya protocol on access and benefit.
Global multilateral benefit sharing mechanism article 11. 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. Implementation of the nagoya protocol and pathogen sharing. The access and benefit sharing clearinghouse and information sharing article 15. The protocol was adopted at the tenth conference of the parties cop 10 on 29 october 2010, in nagoya, japan. Nagoya protocol, chinas ministry of environmental protection led a number of other government ministries in issuing a noticeon enhancing the access and benefit sharing of biological genetic resources in the cooperation and communication with foreign parties in october 2014. In november 2017, the european commission organized a workshop in brussels with a view to provide an opportunity to parties to the nagoya protocol to exchange views and experiences on current and arising challenges in implementing both access and compliance regimes, towards a more coherent interpretation and implementation of the concepts and provisions of the protocol.
The paper analyses the protection of access and benefit sharing envisaged under nagoya protocol. The goa dialogue was the latest of a series of activities carried out to support the implementation of the nagoya protocol. Such factors could have an impact on the comprehensiveness and speed of risk. Pdf access and benefitsharing and the nagoya protocol. Elements to facilitate domestic implementation of access and benefit sharing for 2 different subsectors of genetic resources for food and agriculture the nagoya protocol 3. Biodiversity describes the variability of life on earth across all scales of biological order. Addressing access and benefit sharing for pathogens may involve consideration of other topics. Nagoya protocol on access to genetic resources and benefit. The nagoya protocol entered into force in october 2014.
Law faculty, universiti malaya, 50603 kuala lumpur, malaysia. Not only must they work within the spirit in the convention on biological diversity. Pdf the adoption of the nagoya protocol on access and benefitsharing to the convention on biological diversity in 2010 is a major. Abs stands for access and benefitsharing, meaning access to genetic resources. In in coolsaet b, f batur, a broggiato, j pitseys, and t dedeurwaerdere eds. This joint submission examines 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,2 in relation to indigenous peoples. An explanatory guide to the nagoya protocol on access and benefit sharing gland, switzerland. Non definitions and terms used in the nagoya protocol. The public health implications of implementation of the. Explanation of the nagoya protocol on access and benefit. Nagoya protocol on access to genetic resources and the fair and equitable. Compliance with domestic legislation or regulatory requirements on access and benefit sharing for traditional knowledge associated with genetic.
There is currently no single, comprehensive access and benefit sharing abs system in place in canada to govern access to genetic resources and associated traditional knowledge or to facilitate the sharing of benefits arising from their use. Implications of the nagoya protocol for animal genetic. 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 on access to genetic resources and the fair and equitable sharing of benefits. 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. Who workshop on facilitating access and benefit sharing for pathogens to support public health. The nagoya protocol was adopted on 30th october 2010 after 6 years of intense and rancorous negotiations. Who workshop on facilitating access and benefit sharing.
Access and benefitsharing for traditional knowledge associated with. Pdf the debate over control and ownership of natural and bio genetic. Nagoya protocol on access to genetic resources and the fair and. The nagoya protocol on access and benefitsharing t. Cetaf code of conduct on access and benefitsharing developed by the legislations and regulations group updated 29 october 2018 page 3.
The result of this effort was the nagoya protocol on access to genetic resources and the fair and equitable sharing of benefits arising from their utilization np. Access and benefit sharing abs refers to the international and national regulation of access to and use of genetic resources and traditional knowledge, and the sharing of benefits stemming from this use between providers and users. The convention on biological diversity, its nagoya. 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. Elisa morgera, matthias buck and elsa tsioumani the nagoya protocol on access and benefit sharing is an innovative multilateral environmental agreement that has significantly developed the international biodiversity regime. Implementation of access and benefitsharing measures has. Implementation of the nagoya protocol on access and benefit sharing 4th6th august, 2014, goa, india hosted by. The code of conduct document below has several mutuallysupporting sections annexed. The following steps are required to be taken in order to comply with the nagoya protocol. Code of conduct and best practice for access and benefitsharing. Pursuant to both agreements several countries have adopted regulations on access and benefit sharing.
Titled introduction to access and benefit sharing and the nagoya protocol. Fact sheet nagoya protocol and public health world health. Access and benefit sharing abs constitutes the core principle of the existing multilateral framework enshrined in the 1992 convention on biological diversity cbd, further supplemented in 2010 by the nagoya protocol on access and benefit sharing. Pdf access and benefit sharing under nagoya protocol and. Prior informed consent, mutually agreed terms or other relevant documents.
Predicated on the sovereign rights of countries over their biodiversity and associated genetic resources and intended to. Traditional knowledge associated with genetic resources article. This sets out the basic principles to which cetaf members will abide. Biologists must ensure that they have legal clarity in how they can and cannot use the genetic resources on which they carry out research. It aims to add clarity to the abs regime and sets out that parties must introduce compliance measures. However, canada may become a party to the nagoya protocol at any time, through accession. 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 an international agreement which aims at sharing the benefits arising from the utilization of genetic resources in a fair and equitable way, including by appropriate access to genetic resources and by appropriate transfer. 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.
Nagoya protocol on access and benefit sharing bioscience. Nagoya protocol on access and benefit sharing wipo. This report documents a bti initiative in lao peoples democratic republic which is part of a. The nagoya protocol on access to genetic resources and the fair and equitable sharing of benefits arising from their utilization to the. Guidelines and model clauses on access and benefit sharing and biotrade in the lao peoples democratic republic draft november 2019. Due diligence obligation for all users eu abs regulation benefit sharing subject to agreement. Impact investment in support of the implementation of the. The nagoya protocol, aimed at providing a transparent legal framework for abs, entered into force on 12 october. Impact investment in support of the implementation of the nagoya protocol on access and benefit sharing nongrant project summary to provide technical, financial and strategic assistance to small and medium enterprises in latin america and the caribbean working in value chains aligned with the provisions of the nagoya protocol.
The convention on biodiversity and the nagoya protocol. Nagoya protocol on access and benefit sharing technical brief. Guidelines and model clauses on access and benefit. The nagoya protocol on access and benefitsharing abs initiative. In this discussion paper, manuel ruiz, director at the peruvian society for environmental law. Intellectual property implications, a handbook on the interface between global access and benefit sharing rules and intellectual property 1. The nagoya protocol on access to genetic resources and the fair and. An explanatory guide to the nagoya protocol on access and. What dna barcoding researchers need to know, it is openly available from pensoft as an advanced book or pdf document under creative commons license.
The nagoya protocol applies to genetic resources, and traditional knowledge associated. Cetaf code of conduct and best practice for access and. Resources and the fair and equitable sharing of benefits arising from their utilization is a multilateral environmental. So far 92 countries including the uk have signed the protocol and more than 50 have ratified it. A guide to intellectual property issues in access and. National focal points and competent national authorities article 14. It provides a framework for the effective implementation of one of the three objectives of the convention on biological diversity cbd. The objective of this guide is to support both providers and users of genetic. The toolbox of instruments regulating access, transfer and use of biological material is currently reequipped. In october 2010 the cbd agreed international regime on access and benefit sharing nagoya protocol.
Compliance with domestic legislation or regulatory requirements on access and benefit sharing article 16. 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. This document establishes the terms and conditions of the access, and additionally, when the access. Legal studies on access and benefit sharing, volume. Global enforcement of the nagoya protocol in life sciences. Elements to facilitate domestic implementation of access. The 2010 nagoya protocol on access and benefitsharing in. The nagoya protocol on access to genetic resources and the fair and equitable sharing of benefits arising from their utilization to the convention on. Rethink the expansion of access and benefit sharing science.
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