Nagoya Protocol on Access and Benefit-sharing

The Nagoya Protocol is a global agreement designed to ensure the just and equitable distribution of benefits arising from the utilization of genetic resources.
Adopted in Nagoya, Japan, in 2010, the protocol officially entered into force in October 2014. As of April 2022, it has garnered ratification from 137 parties, comprising the European Union and 136 United Nations member states.
India is also among the nations that have ratified the Nagoya Protocol.
Under this protocol, member countries are obligated to establish and enforce procedures related to compliance, benefit sharing, and access to genetic resources.
Recognized as one of the most significant environmental protocols, the Nagoya Protocol plays a crucial role in fostering fairness and sustainability in the utilization of genetic resources on a global scale.

Table of Contents

NAGOYA PROTOCOL – OBJECTIVES AND SCOPE

The Nagoya Protocol addresses CBD-covered genetic resources and the benefits derived from their use, including traditional knowledge.
It aligns with the CBD’s goal of ensuring the fair and equitable distribution of benefits from genetic resource utilization, supporting biodiversity conservation and sustainable use.

OBLIGATIONS UNDER NAGOYA PROTOCOL

Access Obligations
- Countries must establish fair and transparent rules for accessing genetic resources, ensuring prior informed consent and mutually agreed terms. The procedures should encourage research contributing to biodiversity conservation while considering potential conflicts.
Benefit-sharing Obligations
- Regulations on benefit-sharing must guarantee a just and equitable share for the provider of genetic resources. Benefits can be monetary or non-monetary, such as royalties or shared research results, encompassing research, development, and commercialization.
Compliance Obligations
- The protocol introduces obligations to promote compliance with domestic legislation and contractual terms. Parties must ensure proper access procedures, cooperate in case of allegations, encourage dispute settlement clauses, and establish effective checkpoints in the value chain.
Traditional Knowledge under the Nagoya Protocol
- The protocol addresses traditional knowledge related to genetic resources, ensuring prior informed consent, fair benefit-sharing, and customary use and exchange. Local and indigenous communities with recognized rights over genetic resources are protected.

IMPLEMENTATION OF NAGOYA PROTOCOL

Successful implementation involves creating national focal points, utilizing clearinghouses, and building capacities. Nations can develop domestic legislation, negotiate conditions, establish institutions, raise awareness, utilize technology, and access targeted funding for capacity-building.

NAGOYA PROTOCOL AND AICHI TARGETS

The Nagoya Protocol aligns with the Aichi Targets, contributing to biodiversity conservation goals.
Aichi Targets include reducing habitat loss, establishing conservation goals for marine and terrestrial areas, and addressing pressures on coral reefs.

IMPORTANCE OF NAGOYA PROTOCOL

The protocol enhances legal clarity, transparency, and benefit-sharing in accessing and using genetic resources.
It encourages conservation, sustainable use, and fair sharing of benefits, contributing to biodiversity conservation and supporting CBD implementation.

CRITICISMS OF NAGOYA PROTOCOL

Critics express concerns about potential bureaucratic hurdles hindering research, biodiversity monitoring, and global responses to diseases. Scientists fear increased red tape and legal implications may discourage research, impacting conservation efforts and material exchange between institutions.

FAQs – Nagoya Protocol and Benefit Sharing

1. What is the Nagoya Protocol, and when was it adopted?

A: The Nagoya Protocol is an international agreement established to ensure the fair and equitable distribution of benefits arising from the use of genetic resources. It was adopted in Nagoya, Japan, in 2010 and officially came into force in October 2014.

2. How many countries have ratified the Nagoya Protocol?

A: As of April 2022, the Nagoya Protocol has been ratified by 137 parties, including the European Union and 136 United Nations member states. India is among the nations that have ratified the protocol.

3. What is the main objective of the Nagoya Protocol?

A: The primary goal of the Nagoya Protocol is to ensure the fair and equitable distribution of benefits derived from the utilization of genetic resources. It aligns with the CBD’s objective of promoting biodiversity conservation and sustainable use.

4. What obligations do member countries have under the Nagoya Protocol?

A: Member countries are obligated to establish and enforce procedures related to compliance, benefit sharing, and access to genetic resources. These obligations aim to create a framework for fair and transparent utilization of genetic resources.

5. How does the Nagoya Protocol address benefit-sharing?

A: The Nagoya Protocol introduces benefit-sharing obligations that ensure a just and equitable share for the provider of genetic resources. Benefits can be monetary or non-monetary, encompassing royalties, shared research results, and contributions to research, development, and commercialization.

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Nagoya Protocol on Access and Benefit-sharing – UPSC Environment Notes