The Nagoya Protocol on Access and Benefit-Sharing (ABS)

The Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization (ABS) is a supplementary agreement to the Convention on Biological Diversity (CBD). It establishes a transparent legal framework for effectively implementing one of the three key objectives of the CBD: the fair and equitable sharing of benefits derived from the use of genetic resources.

Adoption and Entry into Force

The Nagoya Protocol was adopted on 29 October 2010 in Nagoya, Japan, and entered into force on 12 October 2014, 90 days after the deposit of the 50th instrument of ratification. Its main goal is to ensure the fair and equitable sharing of benefits arising from the utilization of genetic resources, thereby contributing to biodiversity conservation and sustainable use.

Why is the Nagoya Protocol Important?

The Nagoya Protocol enhances legal certainty and transparency for both providers and users of genetic resources by:

  • Establishing clear and predictable conditions for access to genetic resources.
  • Ensuring fair benefit-sharing when genetic resources are accessed and utilized outside the provider country.

By securing equitable benefit-sharing, the Nagoya Protocol creates incentives for conservation and sustainable use of genetic resources, strengthening biodiversity’s role in development and human well-being.

Scope of the Nagoya Protocol

The Nagoya Protocol applies to:

  • Genetic resources covered under the CBD, including the benefits arising from their utilization.
  • Traditional knowledge (TK) associated with genetic resources, ensuring that benefits derived from its use are also shared fairly.

For more information from the official source: https://www.cbd.int/abs/default.shtml

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