Nagoya Protocol
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| Nagoya Protocol | |
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 L.tak · CC BY-SA 4.0 · source | |
| Name | Nagoya Protocol |
| Caption | Emblem of the Convention on Biological Diversity |
| Date signed | 29 October 2010 |
| Location signed | Nagoya, Aichi, Japan |
| Parties | Parties to the Convention on Biological Diversity and acceding States |
| Depositor | United Nations Secretary-General |
| Languages | English, French, Spanish |
Nagoya Protocol The Nagoya Protocol is an international treaty adopted under the Convention on Biological Diversity at the Nagoya meeting in Aichi in 2010. It establishes a legal framework for access to genetic resources and the fair and equitable sharing of benefits arising from their utilization, linking biodiversity conservation with sustainable use and biotechnology development. The Protocol builds on prior instruments such as the Convention on Biological Diversity and intersects with agreements including the Trade-Related Aspects of Intellectual Property Rights negotiations and the Cartagena Protocol on Biosafety.
Background and Objectives
The Protocol emerged from negotiations at meetings of the Conference of the Parties to the Convention on Biological Diversity and multilateral processes involving United Nations Environment Programme, Food and Agriculture Organization, and national delegations from Brazil, India, Japan, Mexico, and South Africa. Its primary objective is to implement Article 15 of the Convention on Biological Diversity by defining obligations for national authorities and indigenous communities such as those represented by the International Indigenous Forum on Biodiversity and the Indigenous Peoples' Global Summit on Climate Change. It seeks to reconcile interests of providers like Madagascar and Indonesia with users from regions including the European Union and the United States. The Protocol also aims to support World Intellectual Property Organization discussions on patent disclosure requirements, coordinate with World Trade Organization frameworks, and promote equitable outcomes recognized by bodies like the Global Environment Facility.
Scope and Key Definitions
The Protocol defines terms that affect parties such as Brazil, China, Kenya, Canada, and Australia and engages stakeholders including NGOs like Conservation International and World Wide Fund for Nature. It addresses access to genetic resources and associated traditional knowledge held by indigenous and local communities, with definitions tied to concepts debated at the Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services and in national laws such as those of Costa Rica and India. Key terms include genetic resource (biological material with functional units of heredity), benefit-sharing arrangements often negotiated with institutions like the Smithsonian Institution, and mutually agreed terms finalized between providers and users. The Protocol’s scope intersects with access and benefit-sharing dimensions considered in the International Treaty on Plant Genetic Resources for Food and Agriculture and has implications for research at universities like Harvard University, University of Oxford, and University of Tokyo.
Access and Benefit-Sharing Mechanisms
Access procedures require prior informed consent or mutually agreed terms negotiated through national competent authorities such as those established in Peru, Philippines, Norway, and Thailand. Benefit-sharing mechanisms include monetary and non-monetary benefits, capacity-building initiatives involving organizations like UNESCO and World Health Organization, and collaborative research partnerships with institutions like Max Planck Institute and Cold Spring Harbor Laboratory. Compliance tools include checkpoints for research institutions, biotechnology firms (e.g., companies similar to Novartis and Pfizer), and botanical gardens like Kew Gardens and Missouri Botanical Garden to demonstrate origin and terms of access. The Protocol influences commercial sectors including pharmaceutical research in Switzerland and agro-biotechnology in Netherlands and shapes contractual models used by museums such as the Natural History Museum, London.
Compliance, Monitoring, and Reporting
Parties agree to national reporting under mechanisms developed at sessions of the Conference of the Parties to the Convention on Biological Diversity and assisted by bodies like the United Nations Environment Programme World Conservation Monitoring Centre. Monitoring systems often draw on databases maintained by Global Biodiversity Information Facility and rely on checkpoints across supply chains, customs administrations such as those in Germany and Singapore, and patent offices including the European Patent Office and United States Patent and Trademark Office. Compliance also engages legal remedies in national courts like those in Brazil and administrative measures in Japan, and informs enforcement cooperation under regional bodies such as the African Union and European Commission.
Implementation and National Measures
Implementation requires domestic legislation and administrative measures adopted by parties including Colombia, Ethiopia, South Korea, New Zealand, and South Africa. National frameworks may create competent national authorities, permit systems, and access databases; examples include the ABS Clearing-House used by parties and bilateral arrangements similar to those negotiated by Costa Rica and Peru. Capacity-building and technology transfer receive funding from mechanisms such as the Global Environment Facility and partnerships with research centers like International Rice Research Institute and CIP (International Potato Center). Implementation also involves coordination with indigenous rights recognized under instruments like the United Nations Declaration on the Rights of Indigenous Peoples and engagement with regional agreements such as the Andean Community protocols.
Criticism, Challenges, and Legal Issues
Critics from academic bodies including University of California scholars, NGOs like Friends of the Earth, and industry associations representing Biotechnology Industry Organization raise concerns about legal uncertainty, administrative burdens, impacts on non-commercial research at museums and herbaria (e.g., Smithsonian Institution collections), and possible conflicts with Trade-Related Aspects of Intellectual Property Rights and patent examination at the European Patent Office. Challenges include tracing provenance in genetic data repositories like GenBank, harmonizing national laws among parties such as Argentina and Russia, protecting traditional knowledge while ensuring benefit-sharing for communities represented by International Labour Organization forums, and addressing digital sequence information debated at sessions of the Conference of the Parties to the Convention on Biological Diversity. Legal disputes may arise in national courts and international arbitration, implicating jurisprudence from bodies like the International Court of Justice and precedents in international environmental law developed through instruments like the Montreal Protocol on substances that deplete the ozone layer.