Nagoya—Kuala Lumpur Supplementary Protocol

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The Nagoya—Kuala Lumpur Supplementary Protocol on Access to Genetic Resources and Benefit-Sharing to the Convention on Biological Diversity is an international agreement that was adopted on 29 October 2010. The Protocol aims to promote the fair and equitable sharing of benefits arising from the utilization of genetic resources.

The Protocol has 10 sub-topics:

  1. Objective
  2. Scope
  3. Definitions
  4. Access to genetic resources
  5. Prior informed consent
  6. Mutually agreed terms
  7. Benefit-sharing
  8. Compliance
  9. Dispute settlement
  10. Relationship with other international agreements

The Protocol is open for signature by all States that are party to the Convention on Biological Diversity. It entered into force on 12 October 2014.
The Nagoya–Kuala Lumpur Supplementary Protocol on Access to Genetic Resources and Benefit-Sharing to the Convention on Biological Diversity (ABS) is an international agreement that was adopted on 29 October 2010. The Protocol aims to promote the fair and equitable sharing of benefits arising from the utilization of genetic resources.

The Protocol has 10 sub-topics:

  1. Objective
  2. Scope
  3. Definitions
  4. Access to genetic resources
  5. Prior informed consent
  6. Mutually agreed terms
  7. Benefit-sharing
  8. Compliance
  9. Dispute settlement
  10. Relationship with other international agreements

The Protocol is open for signature by all States that are party to the Convention on Biological Diversity. It entered into force on 12 October 2014.

Objective

The objective of the Protocol is to promote the fair and equitable sharing of benefits arising from the utilization of genetic resources, including by ensuring that access to genetic resources and benefit-sharing are on mutually agreed terms.

Scope

The Protocol applies to all genetic resources that are accessed within the territory of a Party or under its jurisdiction or control. It also applies to traditional knowledge associated with genetic resources.

Definitions

The Protocol defines a number of terms, including:

  • “Genetic resources” means any material of plant, animal, microbial or other origin containing functional units of heredity.
  • “Traditional knowledge” means the knowledge, innovations and practices of indigenous and local communities embodying traditional lifestyles passed on from generation to generation.
  • “Access” means obtaining genetic resources from natural habitats or by taking samples of biological material.
  • “Prior informed consent” means the informed consent given freely, prior to the utilization of genetic resources, by the country of origin of such resources, or by the authority designated by that country, and in accordance with that country’s legislation and/or policies.
  • “Mutually agreed terms” means terms that are agreed upon by the parties to an access and benefit-sharing agreement, and that are consistent with the objectives of the Protocol.
  • “Benefit-sharing” means the fair and equitable sharing of benefits arising from the utilization of genetic resources, including by ensuring that benefits are shared with the country of origin of such resources and, where applicable, in a fair and equitable way with the indigenous and local communities concerned.

Access to genetic resources

The Protocol sets out the procedures for access to genetic resources. These procedures include:

  • Prior informed consent of the country of origin of the genetic resources.
  • Mutually agreed terms between the user and the country of origin of the genetic resources.
  • Compliance with the laws and regulations of the country of origin of the genetic resources.
  • Sharing of benefits arising from the utilization of the genetic resources.

Prior informed consent

Prior informed consent is required for access to genetic resources. This means that the country of origin of the genetic resources must give its consent before the resources can be accessed. The consent must be given freely, prior to the utilization of the resources, and in accordance with the country’s legislation and/or policies.

Mutually agreed terms

Mutually agreed terms are required for access to genetic resources. These terms are the agreements between the user and the country of origin of the genetic resources. The terms must be fair and equitable, and they must be consistent with the objectives of the Protocol.

Benefit-sharing

Benefit-sharing is required for access to genetic resources. This means that the user of the genetic resources must share the benefits arising from the utilization of the resources with the country of origin of the resources and, where applicable, with the indigenous and local communities concerned. The benefits must be shared in a fair and equitable way.

Compliance

The Protocol sets out the procedures for compliance with its provisions. These procedures include:

  • Reporting by Parties on their implementation of the Protocol.
  • Review of the implementation of the Protocol by the Conference of the Parties to the Convention on Biological Diversity.
  • Dispute settlement.

Dispute settlement

The Protocol provides for dispute settlement between Parties. The dispute settlement procedures are set out in the Protocol.

Relationship with other international agreements

The Protocol is to be interpreted in a manner that is consistent with other international agreements that are relevant to the conservation and sustainable use of biological diversity.
The Nagoya Protocol is an international agreement that aims to promote the fair and equitable sharing of benefits arising from the utilization of genetic resources. It was adopted on 29 October 2010 and entered into force on 12 October 2014.

The Protocol has 10 sub-topics:

  1. Objective
  2. Scope
  3. Definitions
  4. Access to genetic resources
  5. Prior informed consent
  6. Mutually agreed terms
  7. Benefit-sharing
  8. Compliance
  9. Dispute settlement
  10. Relationship with other international agreements

The Protocol is open for signature by all States that are party to the Convention on Biological Diversity.

Here are some frequently asked questions about the Nagoya Protocol:

  1. What is the objective of the Nagoya Protocol?

The objective of the Nagoya Protocol is to promote the fair and equitable sharing of benefits arising from the utilization of genetic resources.

  1. What is the scope of the Nagoya Protocol?

The scope of the Nagoya Protocol is to apply to access to genetic resources and the fair and equitable sharing of benefits arising from their utilization.

  1. What are the definitions of key terms used in the Nagoya Protocol?

The definitions of key terms used in the Nagoya Protocol are as follows:

  • “Access to genetic resources” means obtaining genetic material from natural sources, including by collecting it, harvesting it, extracting it, isolating it, and identifying it.
  • “Benefit-sharing” means the fair and equitable sharing of the benefits arising from the utilization of genetic resources, including by providing access to and transfer of technology, and by providing financial and other benefits.
  • “Genetic resources” means any material of plant, animal, microbial or other origin containing functional units of heredity.
  • “Prior informed consent” means the informed consent given freely, prior to the utilization of genetic resources, by the country of origin of such resources, or by a party that is authorized by that country, with the approval and involvement of indigenous and local communities concerned.

  • “Mutually agreed terms” means the terms and conditions agreed upon, including the sharing of benefits, between the user and the provider of genetic resources.

  • What are the obligations of parties to the Nagoya Protocol?

The obligations of parties to the Nagoya Protocol include the following:

  • To take measures to ensure that access to genetic resources is subject to prior informed consent and mutually agreed terms.
  • To take measures to ensure that benefit-sharing is fair and equitable.
  • To establish a national focal point for the implementation of the Protocol.

  • To report to the Conference of the Parties on the implementation of the Protocol.

  • What are the benefits of the Nagoya Protocol?

The benefits of the Nagoya Protocol include the following:

  • It can help to ensure that indigenous and local communities are involved in and benefit from the utilization of genetic resources.
  • It can help to promote the conservation and sustainable use of biological diversity.
  • It can help to promote the development of new technologies.

  • It can help to build trust and cooperation between countries.

  • What are the challenges of the Nagoya Protocol?

The challenges of the Nagoya Protocol include the following:

  • It can be difficult to obtain prior informed consent from all relevant stakeholders.
  • It can be difficult to agree on mutually agreed terms.
  • It can be difficult to monitor and enforce compliance with the Protocol.

  • It can be difficult to address the needs of indigenous and local communities.

  • What is the future of the Nagoya Protocol?

The future of the Nagoya Protocol is uncertain. The Protocol has been ratified by over 100 countries, but it is not yet clear how effective it will be in achieving its objectives. The Protocol faces a number of challenges, including the difficulty of obtaining prior informed consent, agreeing on mutually agreed terms, and monitoring and enforcing compliance. It is also unclear how the Protocol will address the needs of indigenous and local communities.
The Nagoya Protocol is an international agreement that aims to promote the fair and equitable sharing of benefits arising from the utilization of genetic resources. The Protocol has 10 sub-topics:

  1. Objective
  2. Scope
  3. Definitions
  4. Access to genetic resources
  5. Prior informed consent
  6. Mutually agreed terms
  7. Benefit-sharing
  8. Compliance
  9. Dispute settlement
  10. Relationship with other international agreements

The Protocol is open for signature by all States that are party to the Convention on Biological Diversity. It entered into force on 12 October 2014.

Here are some multiple choice questions about the Nagoya Protocol:

  1. The Nagoya Protocol aims to promote the fair and equitable sharing of benefits arising from the utilization of:
    (A) Genetic resources
    (B) Biological diversity
    (C) Ecosystem services
    (D) All of the above

  2. The Nagoya Protocol has 10 sub-topics. Which of the following is NOT one of the sub-topics?
    (A) Objective
    (B) Scope
    (C) Definitions
    (D) Prior informed consent

  3. The Nagoya Protocol is open for signature by all States that are party to the Convention on Biological Diversity. It entered into force on:
    (A) 29 October 2010
    (B) 12 October 2014
    (C) 12 December 2015
    (D) 12 January 2016

  4. The Nagoya Protocol aims to promote the fair and equitable sharing of benefits arising from the utilization of genetic resources. This means that:
    (A) Countries that provide genetic resources should receive a share of the benefits that are derived from their use
    (B) Countries that use genetic resources should obtain prior informed consent from the countries that provide them
    (C) Countries that use genetic resources should negotiate mutually agreed terms with the countries that provide them
    (D) All of the above

  5. The Nagoya Protocol is an important agreement because it helps to ensure that the benefits of biodiversity are shared fairly and equitably. This is important because:
    (A) Biodiversity is a valuable resource that should be used sustainably
    (B) Biodiversity is essential for human health and well-being
    (C) Biodiversity is a key part of the global ecosystem
    (D) All of the above