Nagoya protocol

The Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits arising from their Utilization (ABS) is an addition to the UN Convention on Biological Diversity (CBD).

What are the Objectives of Nagoya Protocol?

The Nagoya Protocol covers the CBD-covered genetic resources and the advantages resulting from their use.
The protocol also discusses conventional knowledge related to genetic resources covered by CBD and the advantages of using them.
The fair and equal distribution of benefits resulting from the use of genetic resources, which supports the protection and sustainable use of biodiversity, is one of the three goals of the CBD.

Nagoya Protocol – Obligations?

The Nagoya Protocol lays forth fundamental obligations for the actions that its contracting Parties must take in connection to benefit-sharing, access to genetic resources, and compliance.

Access Obligations :

Provide fair and non-arbitrary rules and procedures;
Establish clear rules and procedures for prior informed consent and mutually agreed on terms;
Provide for the issuance of a permit or equivalent when access is granted;
Create conditions to promote and encourage research contributing to biodiversity conservation and sustainable use;
Pay due consideration to cases of present or potential conflicts with domestic access measures

Benefit Obligations :

Domestic benefit-sharing regulations must ensure that the contracting party who provides the genetic resources receives a just and equitable share of the advantages brought about by their use.
Benefits may be monetary or non-monetary, such as royalties and the sharing of research results.
Utilization includes research and development on the genetic or biochemical composition of genetic resources, as well as subsequent applications and commercialization.
Sharing is subject to mutually agreed terms.

Why are Access and Benefit Sharing important?

Access to genetic resources can lead to benefits for both users and providers.
Access and benefit sharing ensures that the way in which genetic resources are accessed and used
- maximizes the benefits for users, providers, and the ecology
- help communities where they are found.
To deliver a range of benefits; from basic scientific research, such as taxonomy, to developing commercial products which contribute to human wellbeings, such as pharmaceuticals.

What is the Importance of Nagoya Protocol?

Nagoya Protocol holds significance for biodiversity conservation and equal sharing of the benefits from genetic resources. Along with this aim, it also holds the vision to protect the indigenous people from exploitation for their expertise and traditional knowledge. The importance of the Nagoya Protocol can be summarised as under-.

As per the Nagoya Protocol, the owner of the genetic resources and the consumers will benefit by creating better legal certainty and transparency in these ways:
1. When the genetic resources travel outside the country of origin, it helps them have a better benefit-sharing experience.
2. It sets more predictable conditions for access to genetic resources.
The benefit of ensuring benefit-sharing among users and the owner leads to sustainable use and better conservation of genetic resources. Ultimately leading to the conservation of biodiversity in a better way.
The protocol’s adoption marks an important step toward the CBD’s implementation.
- About CBD: The CBD is a multilateral treaty aimed at conserving biodiversity, its sustainable use and ensuring “fair and equitable sharing” of the benefits obtained through bioresources.
In return for the fair share in usage benefits, the protocol allows the researchers to access genetic resources for biotechnology research.
With the advancement in technology, genetic resources obtained from micro-organisms, animals, and plants are used in the development of enhanced genes, small molecules, and enzymes that can be used in many areas involving industrial processing, crop protection, drug development, and specialized chemical production.

India’s participation:

India became a signatory to the Convention on Biological Diversity (CBD) in 1994.
In 2002, India became one of the first countries to enact a law, the Biological Diversity Act, to implement the treaty within its borders. This Act is decentralized for implementation.

Nagoya Protocol – Criticism

There are concerns that the legal stuff and bureaucracy would ultimately harm research, conservation, the global response to infectious diseases, and biodiversity monitoring and collection.
Many scientists have expressed alarm about the procedure, worried that the added red tape will hinder attempts to prevent disease and conserve the environment and that the possibility of probable prison time for scientists will discourage further research.
The upkeep of biological reference collections and material exchange between institutions worry non-profit biodiversity researchers and organizations like natural history museums.