The Nagoya Protocol is an international agreement under the Convention on Biological Diversity (CBD) that sets out rules for the fair and equitable sharing of benefits arising from the use of genetic resources.
Basic Details
- Adopted: 2010, at the CBD's Conference of Parties in Nagoya, Japan.
- Entered into Force: 2014.
- Parent Treaty: Convention on Biological Diversity (CBD).
- India's Status: Signatory and Party to the Protocol.
Key Provisions
- Prior Informed Consent: Requires users of a country's genetic resources to obtain that country's prior consent before accessing them.
- Mutually Agreed Terms: Requires benefit-sharing arrangements to be agreed between the resource provider and the user before access is granted.
- National Implementation: Requires each Party to set up domestic mechanisms to monitor access and enforce benefit-sharing — in India, this role falls to the National Biodiversity Authority (NBA).
Significance
- Legal Basis for ABS: It is the international legal foundation behind India's own Access and Benefit Sharing (ABS) mechanism under the Biological Diversity Act, 2002.
- Protects Bio-Rich Countries: By requiring consent and benefit-sharing, it protects biodiversity-rich countries like India from having their genetic resources used commercially without compensation.