What is the Nagoya Protocol?

The Nagoya Protocol on access to genetic resources and the fair and equitable sharing of the benefits of their use of the [Convention on Biological Diversity](https://www.un.org/es/observances/biodiversity -day/convention), also called the Nagoya Protocol on Access and Benefit-sharing (ABS), is a global agreement that implements the access and benefit-sharing obligations of the Convention on Biological Diversity (CBD) and t aims to ensure that owners or custodians of genetic resources receive a “fair share” of the benefits arising from research conducted with those resources.

Potential users of energy resources should obtain prior informed consent from the country in which the genetic resource is located prior to accessing it, and negotiate and agree to the terms and conditions of access and use of the resource by establishing of mutually agreed conditions.

The genetic resources of plants, animals and microorganisms are becoming increasingly valuable in the development of special enzymes, improved genes or small molecules. These can be used in many areas, including crop protection, drug development, specialty chemical production, or in industrial processing.

The fair and equitable distribution of these benefits is a priority for countries rich in biodiversity and the international community.

The Nagoya Protocol (The Nagoya Protocol, in English) was adopted in the Japanese city of Nagoya on October 29, 2010 and entered into force on October 12, 2014. It has been signed and ratified by more than 120 countries. The United States, Canada, and Russia are not signatories to the Protocol.

The protocol establishes a framework for researchers to access genetic resources. Photo: Julia Koblitz

Application of the Nagoya Protocol on genetic resources and their fair and equitable sharing

The protocol applies to genetic resources, traditional knowledge associated with genetic resources; and the benefits derived from the utilization of such genetic resources and associated traditional knowledge. It also applies to any research or collection of organisms that stores organismal life.

It covers research disciplines indirectly linked to biosciences, such as earth or climate sciences and archaeological sciences (archaeobotany, archaeozoology and archaeology), and could be applied if these samples are used for sequencing, for example, for ancient DNA . Does not apply to genetic resources covered by specialized access and sharing agreements arising from their use, such as the International Treaty on Plant Genetic Resources for Food and Agriculture, or the Framework for Pandemic Preparedness of the World Health Organization (WHO).

It should be noted that ** it is a supplementary agreement to the United Nations Convention on Biological Diversity (CBD) **. The sovereign rights of countries over their genetic resources are recognized in the CBD; and the Protocol aims to provide a practical implementation of the principles established by the CBD and to clarify the parts of the CBD on access and benefit-sharing (ABS). The Protocol applies only to genetic resources accessed after the date of ratification, it is not retrospective.

Among the objectives of the Protocol is the conservation of biological diversity. Photo: Ben Mater

Objectives of the Nagoya Protocol

The three objectives of the convention are:

1. The fair and equitable distribution of the benefits derived from the use of genetic resources, and fair participation

Article 1 of the Protocol addresses the “fair and equitable sharing of benefits arising from the utilization of genetic resources, including adequate access to genetic resources and appropriate transfer of relevant technologies, taking into account all rights over those resources and technologies, and through appropriate financing, thus contributing to the conservation of biological diversity and the sustainable use of its components”.

2. The conservation of biological diversity

3. The sustainable use of its components

Ensure benefit sharing and compliance by creating incentives to conserve and sustainably use such genetic resources and thereby enhance the contribution of biodiversity to development and human well-being.

What are the benefits?

The Nagoya Protocol establishes a framework that helps researchers access genetic resources for biotechnology research, development and other activities, in exchange for a fair share of the benefits derived from their use. This provides the research and development sector with the certainty it needs to invest in biodiversity-based research.

Indigenous and local communities can receive benefits through a legal framework that respects the value of traditional knowledge associated with genetic resources.

Indigenous peoples can also benefit from genetic resource research. Photo: Azzedine Rouichi

However, there are countries, such as Mexico, that lack a national regulatory framework for [access to genetic resources and benefit sharing (APB) derived from these](https://www.mx.undp .org/content/mexico/es/home/projects/protocolo-de-nagoya.html).