Law4u - Made in India

What Is the Nagoya Protocol on Access and Benefit-sharing?

Answer By law4u team

The Nagoya Protocol on Access and Benefit-sharing (ABS) is a supplementary agreement to the Convention on Biological Diversity (CBD), adopted in 2010 and effective since 2014. It establishes a legal framework to ensure that benefits arising from the utilization of genetic resources are shared fairly and equitably with the countries and communities providing those resources. The Protocol also addresses access to traditional knowledge associated with genetic resources, promoting conservation, sustainable use, and respect for indigenous rights.

What is the Nagoya Protocol?

Purpose and Scope

The Protocol regulates access to genetic resources and associated traditional knowledge while ensuring fair benefit-sharing to support conservation and sustainable development.

Key Provisions

Access Regulations: Parties must establish clear rules and procedures for accessing genetic resources.

Benefit-Sharing: Benefits from the use of genetic resources must be shared fairly, including monetary and non-monetary benefits such as research results, technology transfer, and capacity building.

Compliance Measures: Parties need to ensure compliance through checkpoints and transparency measures.

Protection of Traditional Knowledge: Recognizes and protects the rights of indigenous and local communities.

Importance and Impact

The Nagoya Protocol helps prevent biopiracy, promotes sustainable use of biodiversity, supports innovation in biotechnology, and enhances global cooperation on genetic resource management.

Example

Scenario: A pharmaceutical company seeks to develop a new medicine using a plant found in a biodiversity-rich country.

Steps Taken:

The company follows the host country’s access procedures to obtain permission for research.

An agreement is made to share benefits with the local communities and government.

The research results and profits are shared as per the agreed terms, supporting conservation and local development.

The process respects the traditional knowledge holders and ensures their rights are acknowledged.

This example highlights the Protocol’s role in ensuring ethical use of genetic resources and fair sharing of benefits.

Our Verified Advocates

Get expert legal advice instantly.

Advocate Nagesh BL

Advocate Nagesh BL

Anticipatory Bail, Cheque Bounce, Civil, Consumer Court, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, High Court, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, Property, R.T.I, Recovery, Patent, Succession Certificate, Wills Trusts, Revenue, Startup

Get Advice
Advocate Tusharsinh M Chavda

Advocate Tusharsinh M Chavda

Anticipatory Bail, Civil, Banking & Finance, Consumer Court, Criminal, Insurance, Labour & Service, Motor Accident, Property, R.T.I, Revenue

Get Advice
Advocate Prasoon Vashistha

Advocate Prasoon Vashistha

Anticipatory Bail, Cheque Bounce, Consumer Court, Criminal, Divorce, Domestic Violence, Family, Succession Certificate, Cyber Crime

Get Advice
Advocate Rajpreet Kaur

Advocate Rajpreet Kaur

Anticipatory Bail, Arbitration, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Consumer Court, Corporate, Court Marriage, Customs & Central Excise, Criminal, Divorce, Documentation, Domestic Violence, Family, High Court, Insurance, International Law, Labour & Service, Landlord & Tenant, Media and Entertainment, Motor Accident, Property, R.T.I, Recovery, Startup, Succession Certificate, Supreme Court, Trademark & Copyright, Wills Trusts, Revenue, Civil, Cyber Crime, Tax

Get Advice
Advocate Praveen Kumar Pandey

Advocate Praveen Kumar Pandey

Cheque Bounce, Civil, Criminal, Divorce, Domestic Violence

Get Advice
Advocate S C Subbannanavar

Advocate S C Subbannanavar

Anticipatory Bail, Breach of Contract, Cheque Bounce, Civil, Consumer Court, Criminal, Family, Motor Accident, Muslim Law

Get Advice
Advocate Pratyush Prakash Singh

Advocate Pratyush Prakash Singh

Banking & Finance, Cheque Bounce, Court Marriage, Divorce, Domestic Violence, Insurance, Motor Accident, Property, Succession Certificate, Tax

Get Advice
Advocate Bhavin R Patel

Advocate Bhavin R Patel

Anticipatory Bail, Cheque Bounce, Consumer Court, Court Marriage, Criminal, Cyber Crime, Family, Media and Entertainment, Motor Accident, NCLT, Succession Certificate, Trademark & Copyright, Wills Trusts, Revenue

Get Advice

public international law Related Questions

Discover clear and detailed answers to common questions about public international law. Learn about procedures and more in straightforward language.