The Nagoya Protocol

The Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization came into force on 12 October 2014 to implement the third objective of the Convention on Biological Diversity (CBD), namely the fair and equitable sharing of benefits arising out of the utilisation of genetic resources, including associated traditional knowledge.  

The Protocol only applies to genetic resources accessed (1) from countries that have ratified the Nagoya Protocol and have Access and Benefit Sharing (ABS) legislation and (2) after 12 October 2014. ‘Genetic resources’ are ‘any material of plant, animal, microbial or other origin containing functional units of heredity that is of actual or potential value, or derivatives’. ‘Traditional knowledge’ refers to ‘knowledge, know-how and practice of indigenous and local communities relevant for the utilisation of the genetic resources accessed under the Nagoya Protocol’. Useful information is available on the Convention for Biodiversity website, including information on ABS, as well as useful brochures and factsheets explaining the basic principles. Further guidance on interpretation of the regulations is available from DEFRA. 

Researchers who source or use such material are required to exercise due diligence to ensure that genetic resources and the traditional knowledge associated with them are accessed in accordance with the applicable access and benefit sharing laws implemented by the source country. This must be carried out by (1) obtaining Prior Informed Consent (PIC) of the providing country and (2) providing a fair and equitable share of the benefits based on Mutually Agreed Terms. (MAT). The benefits can be either commercial or non-commercial, e.g. data sharing or transfer of IP rights. Learn more about the Nagoya Protocol. 

Researchers at the University of Dundee have a legal obligation to comply with this agreement. 

For further guidance and links to UoD forms please visit the Nagoya Protocol SharePoint page.