Nagoya Protocol on Access and Benefit-sharing  
Nagoya Protocol on Access and Benefit-sharing  
Determined to further support the effective implementation of the access and  
NAGOYA PROTOCOL ON ACCESS TO GENETIC  
benefit-sharing provisions of the Convention,  
RESOURCES AND THE FAIR AND EQUITABLE SHARING OF  
BENEFITS ARISING FROM THEIR UTILIZATION TO THE  
CONVENTION ON BIOLOGICAL DIVERSITY  
Recognizing that an innovative solution is required to address the fair and equitable  
sharing of benefits derived from the utilization of genetic resources and traditional  
knowledge associated with genetic resources that occur in transboundary situations  
or for which it is not possible to grant or obtain prior informed consent,  
e Parties to this Protocol,  
Recognizing the importance of genetic resources to food security, public health,  
biodiversity conservation, and the mitigation of and adaptation to climate change,  
Being Parties to the Convention on Biological Diversity, hereinaꢀer referred to as  
“the Convention,  
Recognizing the special nature of agricultural biodiversity, its distinctive features and  
problems needing distinctive solutions,  
Recalling that the fair and equitable sharing of benefits arising from the utilization of  
genetic resources is one of three core objectives of the Convention, and recognizing  
that this Protocol pursues the implementation of this objective within the Convention,  
Recognizing the interdependence of all countries with regard to genetic resources  
for food and agriculture as well as their special nature and importance for  
achieving food security worldwide and for sustainable development of agriculture  
in the context of poverty alleviation and climate change and acknowledging the  
fundamental role of the International Treaty on Plant Genetic Resources for Food  
and Agriculture and the FAO Commission on Genetic Resources for Food and  
Agriculture in this regard,  
Reaffirming the sovereign rights of States over their natural resources and according  
to the provisions of the Convention,  
Recalling further Article 15 of the Convention,  
Recognizing the important contribution to sustainable development made by  
technology transfer and cooperation to build research and innovation capacities  
for adding value to genetic resources in developing countries, in accordance with  
Articles 16 and 19 of the Convention,  
Mindful of the International Health Regulations (2005) of the World Health  
Organization and the importance of ensuring access to human pathogens for public  
health preparedness and response purposes,  
Recognizing that public awareness of the economic value of ecosystems and  
biodiversity and the fair and equitable sharing of this economic value with the  
custodians of biodiversity are key incentives for the conservation of biological  
diversity and the sustainable use of its components,  
Acknowledging ongoing work in other international forums relating to access and  
benefit-sharing,  
Recalling the Multilateral System of Access and Benefit-sharing established under the  
International Treaty on Plant Genetic Resources for Food and Agriculture developed  
in harmony with the Convention,  
Acknowledging the potential role of access and benefit-sharing to contribute to the  
conservation and sustainable use of biological diversity, poverty eradication and  
environmental sustainability and thereby contributing to achieving the Millennium  
Development Goals,  
Recognizing that international instruments related to access and benefit-sharing  
should be mutually supportive with a view to achieving the objectives of the  
Convention,  
Acknowledging the linkage between access to genetic resources and the fair and  
equitable sharing of benefits arising from the utilization of such resources,  
Recalling the relevance of Article 8(j) of the Convention as it relates to traditional  
knowledge associated with genetic resources and the fair and equitable sharing of  
benefits arising from the utilization of such knowledge,  
Recognizing the importance of providing legal certainty with respect to access to  
genetic resources and the fair and equitable sharing of benefits arising from their  
utilization,  
Noting the interrelationship between genetic resources and traditional knowledge,  
their inseparable nature for indigenous and local communities, the importance  
of the traditional knowledge for the conservation of biological diversity and the  
sustainable use of its components, and for the sustainable livelihoods of these  
communities,  
Further recognizing the importance of promoting equity and fairness in negotiation  
of mutually agreed terms between providers and users of genetic resources,  
Recognizing also the vital role that women play in access and benefit-sharing and  
affirming the need for the full participation of women at all levels of policy-making  
and implementation for biodiversity conservation,  
Recognizing the diversity of circumstances in which traditional knowledge associated  
with genetic resources is held or owned by indigenous and local communities,  
2
3
Nagoya Protocol on Access and Benefit-sharing  
Nagoya Protocol on Access and Benefit-sharing  
Mindful that it is the right of indigenous and local communities to identify the  
rightful holders of their traditional knowledge associated with genetic resources,  
within their communities,  
(e) “Derivative” means a naturally occurring biochemical compound resulting  
from the genetic expression or metabolism of biological or genetic  
resources, even if it does not contain functional units of heredity.  
Further recognizing the unique circumstances where traditional knowledge  
associated with genetic resources is held in countries, which may be oral,  
documented or in other forms, reflecting a rich cultural heritage relevant for  
conservation and sustainable use of biological diversity,  
A3rticle  
SCOPE  
Noting the United Nations Declaration on the Rights of Indigenous Peoples, and  
is Protocol shall apply to genetic resources within the scope of Article 15 of the  
Convention and to the benefits arising from the utilization of such resources. is  
Protocol shall also apply to traditional knowledge associated with genetic resources  
within the scope of the Convention and to the benefits arising from the utilization of  
such knowledge.  
Affirming that nothing in this Protocol shall be construed as diminishing or  
extinguishing the existing rights of indigenous and local communities,  
Have agreed as follows:  
A1rticle  
A4rticle  
OBJECTIVE  
RELATIONSHIP WITH INTERNATIONAL  
AGREEMENTS AND INSTRUMENTS  
e objective of this Protocol is the fair and equitable sharing of the benefits arising  
from the utilization of genetic resources, including by appropriate access to genetic  
resources and by appropriate transfer of relevant technologies, taking into account  
all rights over those resources and to technologies, and by appropriate funding,  
thereby contributing to the conservation of biological diversity and the sustainable  
use of its components.  
1. e provisions of this Protocol shall not affect the rights and obligations of any  
Party deriving from any existing international agreement, except where the exercise  
of those rights and obligations would cause a serious damage or threat to biological  
diversity. is paragraph is not intended to create a hierarchy between this Protocol  
and other international instruments.  
A2rticle  
2. Nothing in this Protocol shall prevent the Parties from developing and  
implementing other relevant international agreements, including other specialized  
access and benefit-sharing agreements, provided that they are supportive of and do  
not run counter to the objectives of the Convention and this Protocol.  
USE OF TERMS  
e terms defined in Article 2 of the Convention shall apply to this Protocol. In  
addition, for the purposes of this Protocol:  
3. is Protocol shall be implemented in a mutually supportive manner with other  
international instruments relevant to this Protocol. Due regard should be paid to  
useful and relevant ongoing work or practices under such international instruments  
and relevant international organizations, provided that they are supportive of and do  
not run counter to the objectives of the Convention and this Protocol.  
(a) “Conference of the Parties” means the Conference of the Parties to the  
Convention;  
(b) “Convention” means the Convention on Biological Diversity;  
4. is Protocol is the instrument for the implementation of the access and  
benefit-sharing provisions of the Convention. Where a specialized international  
access and benefit-sharing instrument applies that is consistent with, and does not  
run counter to the objectives of the Convention and this Protocol, this Protocol  
does not apply for the Party or Parties to the specialized instrument in respect  
of the specific genetic resource covered by and for the purpose of the specialized  
instrument.  
(c) “Utilization of genetic resources” means to conduct research and  
development on the genetic and/or biochemical composition of genetic  
resources, including through the application of biotechnology as defined in  
Article 2 of the Convention;  
(d) “Biotechnology” as defined in Article 2 of the Convention means any  
technological application that uses biological systems, living organisms, or  
derivatives thereof, to make or modify products or processes for specific use;  
4
5
Nagoya Protocol on Access and Benefit-sharing  
Nagoya Protocol on Access and Benefit-sharing  
genetic resources where they have the established right to grant access to such  
resources.  
A5rticle  
3. Pursuant to paragraph 1 above, each Party requiring prior informed consent shall  
take the necessary legislative, administrative or policy measures, as appropriate, to:  
FAIR AND EQUITABLE BENEFIT-SHARING  
1. In accordance with Article 15, paragraphs 3 and 7 of the Convention, benefits  
arising from the utilization of genetic resources as well as subsequent applications  
and commercialization shall be shared in a fair and equitable way with the Party  
providing such resources that is the country of origin of such resources or a Party  
that has acquired the genetic resources in accordance with the Convention. Such  
sharing shall be upon mutually agreed terms.  
(a) Provide for legal certainty, clarity and transparency of their domestic access  
and benefit-sharing legislation or regulatory requirements;  
(b) Provide for fair and non-arbitrary rules and procedures on accessing  
genetic resources;  
(c) Provide information on how to apply for prior informed consent;  
2. Each Party shall take legislative, administrative or policy measures, as  
appropriate, with the aim of ensuring that benefits arising from the utilization of  
genetic resources that are held by indigenous and local communities, in accordance  
with domestic legislation regarding the established rights of these indigenous and  
local communities over these genetic resources, are shared in a fair and equitable  
way with the communities concerned, based on mutually agreed terms.  
(d) Provide for a clear and transparent written decision by a competent national  
authority, in a cost-effective manner and within a reasonable period of time;  
(e) Provide for the issuance at the time of access of a permit or its equivalent  
as evidence of the decision to grant prior informed consent and of the  
establishment of mutually agreed terms, and notify the Access and Benefit-  
sharing Clearing-House accordingly;  
3. To implement paragraph 1 above, each Party shall take legislative, administrative  
or policy measures, as appropriate.  
(f) Where applicable, and subject to domestic legislation, set out criteria  
and/or processes for obtaining prior informed consent or approval and  
involvement of indigenous and local communities for access to genetic  
resources; and  
4. Benefits may include monetary and non-monetary benefits, including but not  
limited to those listed in the Annex.  
5. Each Party shall take legislative, administrative or policy measures, as  
appropriate, in order that the benefits arising from the utilization of traditional  
knowledge associated with genetic resources are shared in a fair and equitable way  
with indigenous and local communities holding such knowledge. Such sharing shall  
be upon mutually agreed terms.  
(g) Establish clear rules and procedures for requiring and establishing  
mutually agreed terms. Such terms shall be set out in writing and may  
include, inter alia:  
(i) A dispute settlement clause;  
(ii) Terms on benefit-sharing, including in relation to intellectual property  
rights;  
A6rticle  
(iii) Terms on subsequent third-party use, if any; and  
(iv) Terms on changes of intent, where applicable.  
ACCESS TO GENETIC RESOURCES  
1. In the exercise of sovereign rights over natural resources, and subject to  
domestic access and benefit-sharing legislation or regulatory requirements, access  
to genetic resources for their utilization shall be subject to the prior informed  
consent of the Party providing such resources that is the country of origin of such  
resources or a Party that has acquired the genetic resources in accordance with the  
Convention, unless otherwise determined by that Party.  
A7rticle  
ACCESS TO TRADITIONAL KNOWLEDGE ASSOCIATED  
WITH GENETIC RESOURCES  
In accordance with domestic law, each Party shall take measures, as appropriate, with  
the aim of ensuring that traditional knowledge associated with genetic resources that  
is held by indigenous and local communities is accessed with the prior and informed  
consent or approval and involvement of these indigenous and local communities,  
and that mutually agreed terms have been established.  
2. In accordance with domestic law, each Party shall take measures, as  
appropriate, with the aim of ensuring that the prior informed consent or approval  
and involvement of indigenous and local communities is obtained for access to  
6
7
Nagoya Protocol on Access and Benefit-sharing  
Nagoya Protocol on Access and Benefit-sharing  
Article  
A8rticle  
11  
SPECIAL CONSIDERATIONS  
TRANSBOUNDARY COOPERATION  
In the development and implementation of its access and benefit-sharing legislation  
or regulatory requirements, each Party shall:  
1. In instances where the same genetic resources are found in situ within the  
territory of more than one Party, those Parties shall endeavour to cooperate, as  
appropriate, with the involvement of indigenous and local communities concerned,  
where applicable, with a view to implementing this Protocol.  
(a) Create conditions to promote and encourage research which contributes to  
the conservation and sustainable use of biological diversity, particularly in  
developing countries, including through simplified measures on access for  
non-commercial research purposes, taking into account the need to address  
a change of intent for such research;  
2. Where the same traditional knowledge associated with genetic resources is  
shared by one or more indigenous and local communities in several Parties, those  
Parties shall endeavour to cooperate, as appropriate, with the involvement of the  
indigenous and local communities concerned, with a view to implementing the  
objective of this Protocol.  
(b) Pay due regard to cases of present or imminent emergencies that threaten  
or damage human, animal or plant health, as determined nationally or  
internationally. Parties may take into consideration the need for expeditious  
access to genetic resources and expeditious fair and equitable sharing of  
benefits arising out of the use of such genetic resources, including access to  
affordable treatments by those in need, especially in developing countries;  
Article  
12  
TRADITIONAL KNOWLEDGE ASSOCIATED WITH  
GENETIC RESOURCES  
(c) Consider the importance of genetic resources for food and agriculture and  
their special role for food security.  
1. In implementing their obligations under this Protocol, Parties shall in  
accordance with domestic law take into consideration indigenous and local  
communities’ customary laws, community protocols and procedures, as applicable,  
with respect to traditional knowledge associated with genetic resources.  
A9rticle  
CONTRIBUTION TO CONSERVATION AND SUSTAINABLE USE  
2. Parties, with the effective participation of the indigenous and local communities  
concerned, shall establish mechanisms to inform potential users of traditional  
knowledge associated with genetic resources about their obligations, including  
measures as made available through the Access and Benefit-sharing Clearing-House  
for access to and fair and equitable sharing of benefits arising from the utilization of  
such knowledge.  
e Parties shall encourage users and providers to direct benefits arising from the  
utilization of genetic resources towards the conservation of biological diversity and  
the sustainable use of its components.  
Article  
3. Parties shall endeavour to support, as appropriate, the development by  
indigenous and local communities, including women within these communities, of:  
10  
GLOBAL MULTILATERAL BENEFIT-SHARING MECHANISM  
(a) Community protocols in relation to access to traditional knowledge  
associated with genetic resources and the fair and equitable sharing of  
benefits arising out of the utilization of such knowledge;  
Parties shall consider the need for and modalities of a global multilateral benefit-  
sharing mechanism to address the fair and equitable sharing of benefits derived from  
the utilization of genetic resources and traditional knowledge associated with genetic  
resources that occur in transboundary situations or for which it is not possible to  
grant or obtain prior informed consent. e benefits shared by users of genetic  
resources and traditional knowledge associated with genetic resources through this  
mechanism shall be used to support the conservation of biological diversity and the  
sustainable use of its components globally.  
(b) Minimum requirements for mutually agreed terms to secure the fair and  
equitable sharing of benefits arising from the utilization of traditional  
knowledge associated with genetic resources; and  
(c) Model contractual clauses for benefit-sharing arising from the utilization of  
traditional knowledge associated with genetic resources.  
8
9
Nagoya Protocol on Access and Benefit-sharing  
Nagoya Protocol on Access and Benefit-sharing  
4. Parties, in their implementation of this Protocol, shall, as far as possible,  
not restrict the customary use and exchange of genetic resources and associated  
traditional knowledge within and amongst indigenous and local communities in  
accordance with the objectives of the Convention.  
forthwith notify the Secretariat of any changes in the designation of its national  
focal point or in the contact information or responsibilities of its competent national  
authority or authorities.  
5. e Secretariat shall make information received pursuant to paragraph 4 above  
available through the Access and Benefit-sharing Clearing-House.  
Article  
Article  
13  
NATIONAL FOCAL POINTS AND COMPETENT  
NATIONAL AUTHORITIES  
14  
THE ACCESS AND BENEFIT-SHARING CLEARING-HOUSE  
AND INFORMATION-SHARING  
1. Each Party shall designate a national focal point on access and benefit-sharing.  
e national focal point shall make information available as follows:  
1. An Access and Benefit-sharing Clearing-House is hereby established as part of  
the clearing-house mechanism under Article 18, paragraph 3, of the Convention.  
It shall serve as a means for sharing of information related to access and benefit-  
sharing. In particular, it shall provide access to information made available by each  
Party relevant to the implementation of this Protocol.  
(a) For applicants seeking access to genetic resources, information on  
procedures for obtaining prior informed consent and establishing mutually  
agreed terms, including benefit-sharing;  
(b) For applicants seeking access to traditional knowledge associated with  
genetic resources, where possible, information on procedures for obtaining  
prior informed consent or approval and involvement, as appropriate, of  
indigenous and local communities and establishing mutually agreed terms  
including benefit-sharing; and  
2. Without prejudice to the protection of confidential information, each Party shall  
make available to the Access and Benefit-sharing Clearing-House any information  
required by this Protocol, as well as information required pursuant to the decisions  
taken by the Conference of the Parties serving as the meeting of the Parties to this  
Protocol. e information shall include:  
(c) Information on competent national authorities, relevant indigenous and  
local communities and relevant stakeholders.  
(a) Legislative, administrative and policy measures on access and  
benefit-sharing;  
e national focal point shall be responsible for liaison with the Secretariat.  
(b) Information on the national focal point and competent national authority  
or authorities; and  
2. Each Party shall designate one or more competent national authorities on  
access and benefit-sharing. Competent national authorities shall, in accordance with  
applicable national legislative, administrative or policy measures, be responsible for  
granting access or, as applicable, issuing written evidence that access requirements  
have been met and be responsible for advising on applicable procedures and  
requirements for obtaining prior informed consent and entering into mutually  
agreed terms.  
(c) Permits or their equivalent issued at the time of access as evidence of  
the decision to grant prior informed consent and of the establishment of  
mutually agreed terms.  
3. Additional information, if available and as appropriate, may include:  
(a) Relevant competent authorities of indigenous and local communities, and  
information as so decided;  
3. A Party may designate a single entity to fulfil the functions of both focal point  
and competent national authority.  
(b) Model contractual clauses;  
4. Each Party shall, no later than the date of entry into force of this Protocol for  
it, notify the Secretariat of the contact information of its national focal point and  
its competent national authority or authorities. Where a Party designates more  
than one competent national authority, it shall convey to the Secretariat, with its  
notification thereof, relevant information on the respective responsibilities of those  
authorities. Where applicable, such information shall, at a minimum, specify which  
competent authority is responsible for the genetic resources sought. Each Party shall  
(c) Methods and tools developed to monitor genetic resources; and  
(d) Codes of conduct and best practices.  
4. e modalities of the operation of the Access and Benefit-sharing Clearing-  
House, including reports on its activities, shall be considered and decided upon by  
the Conference of the Parties serving as the meeting of the Parties to this Protocol at  
its first meeting, and kept under review thereaꢀer.  
10  
11  
Nagoya Protocol on Access and Benefit-sharing  
Nagoya Protocol on Access and Benefit-sharing  
Article  
Article  
15  
17  
COMPLIANCE WITH DOMESTIC LEGISLATION  
OR REGULATORY REQUIREMENTS ON ACCESS  
AND BENEFIT-SHARING  
MONITORING THE UTILIZATION OF GENETIC RESOURCES  
1. To support compliance, each Party shall take measures, as appropriate, to  
monitor and to enhance transparency about the utilization of genetic resources. Such  
measures shall include:  
1. Each Party shall take appropriate, effective and proportionate legislative,  
administrative or policy measures to provide that genetic resources utilized  
within its jurisdiction have been accessed in accordance with prior informed  
consent and that mutually agreed terms have been established, as required by the  
domestic access and benefit-sharing legislation or regulatory requirements of the  
other Party.  
(a) e designation of one or more checkpoints, as follows:  
(i) Designated checkpoints would collect or receive, as appropriate,  
relevant information related to prior informed consent, to the source  
of the genetic resource, to the establishment of mutually agreed terms,  
and/or to the utilization of genetic resources, as appropriate;  
2. Parties shall take appropriate, effective and proportionate measures to address  
situations of non-compliance with measures adopted in accordance with paragraph 1  
above.  
(ii) Each Party shall, as appropriate and depending on the particular  
characteristics of a designated checkpoint, require users of genetic  
resources to provide the information specified in the above paragraph  
at a designated checkpoint. Each Party shall take appropriate, effective  
and proportionate measures to address situations of non-compliance;  
3. Parties shall, as far as possible and as appropriate, cooperate in cases of  
alleged violation of domestic access and benefit-sharing legislation or regulatory  
requirements referred to in paragraph 1 above.  
(iii) Such information, including from internationally recognized  
certificates of compliance where they are available, will, without  
prejudice to the protection of confidential information, be provided  
to relevant national authorities, to the Party providing prior informed  
consent and to the Access and Benefit-sharing Clearing-House, as  
appropriate;  
Article  
16  
COMPLIANCE WITH DOMESTIC LEGISLATION OR  
REGULATORY REQUIREMENTS ON ACCESS AND BENEFIT-  
SHARING FOR TRADITIONAL KNOWLEDGE  
ASSOCIATED WITH GENETIC RESOURCES  
(iv) Checkpoints must be effective and should have functions relevant to  
implementation of this subparagraph (a). ey should be relevant to  
the utilization of genetic resources, or to the collection of relevant  
information at, inter alia, any stage of research, development,  
innovation, pre-commercialization or commercialization.  
1. Each Party shall take appropriate, effective and proportionate legislative,  
administrative or policy measures, as appropriate, to provide that traditional  
knowledge associated with genetic resources utilized within their jurisdiction  
has been accessed in accordance with prior informed consent or approval and  
involvement of indigenous and local communities and that mutually agreed  
terms have been established, as required by domestic access and benefit-sharing  
legislation or regulatory requirements of the other Party where such indigenous and  
local communities are located.  
(b) Encouraging users and providers of genetic resources to include provisions  
in mutually agreed terms to share information on the implementation of  
such terms, including through reporting requirements; and  
(c) Encouraging the use of cost-effective communication tools and systems.  
2. A permit or its equivalent issued in accordance with Article 6, paragraph 3 (e)  
and made available to the Access and Benefit-sharing Clearing-House, shall  
constitute an internationally recognized certificate of compliance.  
2. Each Party shall take appropriate, effective and proportionate measures to  
address situations of non-compliance with measures adopted in accordance with  
paragraph 1 above.  
3. An internationally recognized certificate of compliance shall serve as evidence  
that the genetic resource which it covers has been accessed in accordance with prior  
informed consent and that mutually agreed terms have been established, as required  
3. Parties shall, as far as possible and as appropriate, cooperate in cases of  
alleged violation of domestic access and benefit-sharing legislation or regulatory  
requirements referred to in paragraph 1 above.  
12  
13  
Nagoya Protocol on Access and Benefit-sharing  
Nagoya Protocol on Access and Benefit-sharing  
by the domestic access and benefit-sharing legislation or regulatory requirements of  
the Party providing prior informed consent.  
Article  
19  
4. e internationally recognized certificate of compliance shall contain the  
following minimum information when it is not confidential:  
MODEL CONTRACTUAL CLAUSES  
1. Each Party shall encourage, as appropriate, the development, update and use of  
sectoral and cross-sectoral model contractual clauses for mutually agreed terms.  
(a) Issuing authority;  
(b) Date of issuance;  
2. e Conference of the Parties serving as the meeting of the Parties to this  
Protocol shall periodically take stock of the use of sectoral and cross-sectoral model  
contractual clauses.  
(c) e provider;  
(d) Unique identifier of the certificate;  
(e) e person or entity to whom prior informed consent was granted;  
(f) Subject-matter or genetic resources covered by the certificate;  
(g) Confirmation that mutually agreed terms were established;  
(h) Confirmation that prior informed consent was obtained; and  
(i) Commercial and/or non-commercial use.  
Article  
20  
CODES OF CONDUCT, GUIDELINES  
AND BEST PRACTICES AND/OR STANDARDS  
1. Each Party shall encourage, as appropriate, the development, update and use  
of voluntary codes of conduct, guidelines and best practices and/or standards in  
relation to access and benefit-sharing.  
Article  
18  
2. e Conference of the Parties serving as the meeting of the Parties to this  
Protocol shall periodically take stock of the use of voluntary codes of conduct,  
guidelines and best practices and/or standards and consider the adoption of specific  
codes of conduct, guidelines and best practices and/or standards.  
COMPLIANCE WITH MUTUALLY AGREED TERMS  
1. In the implementation of Article 6, paragraph 3 (g) (i) and Article 7, each  
Party shall encourage providers and users of genetic resources and/or traditional  
knowledge associated with genetic resources to include provisions in mutually  
agreed terms to cover, where appropriate, dispute resolution including:  
Article  
(a) e jurisdiction to which they will subject any dispute resolution processes;  
(b) e applicable law; and/or  
21  
AWARENESS-RAISING  
(c) Options for alternative dispute resolution, such as mediation or arbitration.  
Each Party shall take measures to raise awareness of the importance of genetic  
resources and traditional knowledge associated with genetic resources, and related  
access and benefit-sharing issues. Such measures may include, inter alia:  
2. Each Party shall ensure that an opportunity to seek recourse is available under  
their legal systems, consistent with applicable jurisdictional requirements, in cases of  
disputes arising from mutually agreed terms.  
(a) Promotion of this Protocol, including its objective;  
3. Each Party shall take effective measures, as appropriate, regarding:  
(a) Access to justice; and  
(b) Organization of meetings of indigenous and local communities and relevant  
stakeholders;  
(c) Establishment and maintenance of a help desk for indigenous and local  
communities and relevant stakeholders;  
(b) e utilization of mechanisms regarding mutual recognition and  
enforcement of foreign judgments and arbitral awards.  
(d) Information dissemination through a national clearing-house;  
4. e effectiveness of this article shall be reviewed by the Conference of the Parties  
serving as the meeting of the Parties to this Protocol in accordance with Article 31 of  
this Protocol.  
14  
15  
Nagoya Protocol on Access and Benefit-sharing  
Nagoya Protocol on Access and Benefit-sharing  
(e) Promotion of voluntary codes of conduct, guidelines and best practices  
and/or standards in consultation with indigenous and local communities  
and relevant stakeholders;  
4. In support of the implementation of this Protocol, capacity-building and  
development may address, inter alia, the following key areas:  
(a) Capacity to implement, and to comply with the obligations of, this Protocol;  
(b) Capacity to negotiate mutually agreed terms;  
(f) Promotion of, as appropriate, domestic, regional and international  
exchanges of experience;  
(c) Capacity to develop, implement and enforce domestic legislative,  
administrative or policy measures on access and benefit-sharing; and  
(g) Education and training of users and providers of genetic resources and  
traditional knowledge associated with genetic resources about their access  
and benefit-sharing obligations;  
(d) Capacity of countries to develop their endogenous research capabilities to  
add value to their own genetic resources.  
(h) Involvement of indigenous and local communities and relevant  
stakeholders in the implementation of this Protocol; and  
5. Measures in accordance with paragraphs 1 to 4 above may include, inter alia:  
(a) Legal and institutional development;  
(i) Awareness-raising of community protocols and procedures of indigenous  
and local communities.  
(b) Promotion of equity and fairness in negotiations, such as training to  
negotiate mutually agreed terms;  
Article  
(c) e monitoring and enforcement of compliance;  
(d) Employment of best available communication tools and Internet-based  
systems for access and benefit-sharing activities;  
22  
CAPACITY  
(e) Development and use of valuation methods;  
1. e Parties shall cooperate in the capacity-building, capacity development  
and strengthening of human resources and institutional capacities to effectively  
implement this Protocol in developing country Parties, in particular the least  
developed countries and small island developing States among them, and Parties  
with economies in transition, including through existing global, regional,  
subregional and national institutions and organizations. In this context, Parties  
should facilitate the involvement of indigenous and local communities and relevant  
stakeholders, including non-governmental organizations and the private sector.  
(f) Bioprospecting, associated research and taxonomic studies;  
(g) Technology transfer, and infrastructure and technical capacity to make such  
technology transfer sustainable;  
(h) Enhancement of the contribution of access and benefit-sharing activities  
to the conservation of biological diversity and the sustainable use of its  
components;  
(i) Special measures to increase the capacity of relevant stakeholders in relation  
to access and benefit-sharing; and  
2. e need of developing country Parties, in particular the least developed  
countries and small island developing States among them, and Parties with  
economies in transition for financial resources in accordance with the relevant  
provisions of the Convention shall be taken fully into account for capacity-building  
and development to implement this Protocol.  
(j) Special measures to increase the capacity of indigenous and local  
communities with emphasis on enhancing the capacity of women within  
those communities in relation to access to genetic resources and/or  
traditional knowledge associated with genetic resources.  
3. As a basis for appropriate measures in relation to the implementation of this  
Protocol, developing country Parties, in particular the least developed countries and  
small island developing States among them, and Parties with economies in transition  
should identify their national capacity needs and priorities through national capacity  
self-assessments. In doing so, such Parties should support the capacity needs  
and priorities of indigenous and local communities and relevant stakeholders, as  
identified by them, emphasizing the capacity needs and priorities of women.  
6. Information on capacity-building and development initiatives at national,  
regional and international levels, undertaken in accordance with paragraphs 1 to 5  
above, should be provided to the Access and Benefit-sharing Clearing-House with a  
view to promoting synergy and coordination on capacity-building and development  
for access and benefit-sharing.  
16  
17  
Nagoya Protocol on Access and Benefit-sharing  
Nagoya Protocol on Access and Benefit-sharing  
with economies in transition, for financial resources, as well as the capacity needs  
and priorities of indigenous and local communities, including women within these  
communities.  
Article  
23  
TECHNOLOGY TRANSFER, COLLABORATION  
AND COOPERATION  
4. In the context of paragraph 1 above, the Parties shall also take into account the  
needs of the developing country Parties, in particular the least developed countries  
and small island developing States among them, and of the Parties with economies  
in transition, in their efforts to identify and implement their capacity-building and  
development requirements for the purposes of the implementation of this Protocol.  
In accordance with Articles 15, 16, 18 and 19 of the Convention, the Parties shall  
collaborate and cooperate in technical and scientific research and development  
programmes, including biotechnological research activities, as a means to achieve  
the objective of this Protocol. e Parties undertake to promote and encourage  
access to technology by, and transfer of technology to, developing country Parties,  
in particular the least developed countries and small island developing States among  
them, and Parties with economies in transition, in order to enable the development  
and strengthening of a sound and viable technological and scientific base for the  
attainment of the objectives of the Convention and this Protocol. Where possible and  
appropriate such collaborative activities shall take place in and with a Party or the  
Parties providing genetic resources that is the country or are the countries of origin  
of such resources or a Party or Parties that have acquired the genetic resources in  
accordance with the Convention.  
5. e guidance to the financial mechanism of the Convention in relevant decisions  
of the Conference of the Parties, including those agreed before the adoption of this  
Protocol, shall apply, mutatis mutandis, to the provisions of this Article.  
6. e developed country Parties may also provide, and the developing country  
Parties and the Parties with economies in transition avail themselves of, financial and  
other resources for the implementation of the provisions of this Protocol through  
bilateral, regional and multilateral channels.  
Article  
26  
Article  
CONFERENCE OF THE PARTIES SERVING AS THE  
MEETING OF THE PARTIES TO THIS PROTOCOL  
24  
NON-PARTIES  
1. e Conference of the Parties shall serve as the meeting of the Parties to this  
Protocol.  
e Parties shall encourage non-Parties to adhere to this Protocol and to contribute  
appropriate information to the Access and Benefit-sharing Clearing-House.  
2. Parties to the Convention that are not Parties to this Protocol may participate as  
observers in the proceedings of any meeting of the Conference of the Parties serving  
as the meeting of the Parties to this Protocol. When the Conference of the Parties  
serves as the meeting of the Parties to this Protocol, decisions under this Protocol  
shall be taken only by those that are Parties to it.  
Article  
25  
FINANCIAL MECHANISM AND RESOURCES  
3. When the Conference of the Parties serves as the meeting of the Parties to this  
Protocol, any member of the Bureau of the Conference of the Parties representing  
a Party to the Convention but, at that time, not a Party to this Protocol, shall be  
substituted by a member to be elected by and from among the Parties to this  
Protocol.  
1. In considering financial resources for the implementation of this Protocol, the  
Parties shall take into account the provisions of Article 20 of the Convention.  
2. e financial mechanism of the Convention shall be the financial mechanism for  
this Protocol.  
4. e Conference of the Parties serving as the meeting of the Parties to this  
Protocol shall keep under regular review the implementation of this Protocol and  
shall make, within its mandate, the decisions necessary to promote its effective  
implementation. It shall perform the functions assigned to it by this Protocol and  
shall:  
3. Regarding the capacity-building and development referred to in Article 22 of  
this Protocol, the Conference of the Parties serving as the meeting of the Parties  
to this Protocol, in providing guidance with respect to the financial mechanism  
referred to in paragraph 2 above, for consideration by the Conference of the Parties,  
shall take into account the need of developing country Parties, in particular the least  
developed countries and small island developing States among them, and of Parties  
18  
19  
Nagoya Protocol on Access and Benefit-sharing  
Nagoya Protocol on Access and Benefit-sharing  
(a) Make recommendations on any matters necessary for the implementation  
of this Protocol;  
of its wish to be represented at a meeting of the Conference of the Parties serving as  
a meeting of the Parties to this Protocol as an observer, may be so admitted, unless  
at least one third of the Parties present object. Except as otherwise provided in this  
Article, the admission and participation of observers shall be subject to the rules of  
procedure, as referred to in paragraph 5 above.  
(b) Establish such subsidiary bodies as are deemed necessary for the  
implementation of this Protocol;  
(c) Seek and utilize, where appropriate, the services and cooperation of, and  
information provided by, competent international organizations and  
intergovernmental and non-governmental bodies;  
Article  
(d) Establish the form and the intervals for transmitting the information to be  
submitted in accordance with Article 29 of this Protocol and consider such  
information as well as reports submitted by any subsidiary body;  
27  
SUBSIDIARY BODIES  
1. Any subsidiary body established by or under the Convention may serve this  
Protocol, including upon a decision of the Conference of the Parties serving as the  
meeting of the Parties to this Protocol. Any such decision shall specify the tasks to be  
undertaken.  
(e) Consider and adopt, as required, amendments to this Protocol and its  
Annex, as well as any additional annexes to this Protocol, that are deemed  
necessary for the implementation of this Protocol; and  
(f) Exercise such other functions as may be required for the implementation of  
this Protocol.  
2. Parties to the Convention that are not Parties to this Protocol may participate  
as observers in the proceedings of any meeting of any such subsidiary bodies. When  
a subsidiary body of the Convention serves as a subsidiary body to this Protocol,  
decisions under this Protocol shall be taken only by Parties to this Protocol.  
5. e rules of procedure of the Conference of the Parties and financial rules of the  
Convention shall be applied, mutatis mutandis, under this Protocol, except as may  
be otherwise decided by consensus by the Conference of the Parties serving as the  
meeting of the Parties to this Protocol.  
3. When a subsidiary body of the Convention exercises its functions with regard to  
matters concerning this Protocol, any member of the bureau of that subsidiary body  
representing a Party to the Convention but, at that time, not a Party to this Protocol, shall  
be substituted by a member to be elected by and from among the Parties to this Protocol.  
6. e first meeting of the Conference of the Parties serving as the meeting of the  
Parties to this Protocol shall be convened by the Secretariat and held concurrently  
with the first meeting of the Conference of the Parties that is scheduled aꢀer the  
date of the entry into force of this Protocol. Subsequent ordinary meetings of the  
Conference of the Parties serving as the meeting of the Parties to this Protocol shall  
be held concurrently with ordinary meetings of the Conference of the Parties, unless  
otherwise decided by the Conference of the Parties serving as the meeting of the  
Parties to this Protocol.  
Article  
28  
SECRETARIAT  
1. e Secretariat established by Article 24 of the Convention shall serve as the  
secretariat to this Protocol.  
7. Extraordinary meetings of the Conference of the Parties serving as the meeting  
of the Parties to this Protocol shall be held at such other times as may be deemed  
necessary by the Conference of the Parties serving as the meeting of the Parties to  
this Protocol, or at the written request of any Party, provided that, within six months  
of the request being communicated to the Parties by the Secretariat, it is supported  
by at least one third of the Parties.  
2. Article 24, paragraph 1, of the Convention on the functions of the Secretariat  
shall apply, mutatis mutandis, to this Protocol.  
3. To the extent that they are distinct, the costs of the secretariat services for this  
Protocol shall be met by the Parties hereto. e Conference of the Parties serving  
as the meeting of the Parties to this Protocol shall, at its first meeting, decide on the  
necessary budgetary arrangements to this end.  
8. e United Nations, its specialized agencies and the International Atomic  
Energy Agency, as well as any State member thereof or observers thereto not party  
to the Convention, may be represented as observers at meetings of the Conference  
of the Parties serving as the meeting of the Parties to this Protocol. Any body or  
agency, whether national or international, governmental or non-governmental, that  
is qualified in matters covered by this Protocol and that has informed the Secretariat  
20  
21  
Nagoya Protocol on Access and Benefit-sharing  
Nagoya Protocol on Access and Benefit-sharing  
Article  
Article  
29  
33  
MONITORING AND REPORTING  
ENTRY INTO FORCE  
Each Party shall monitor the implementation of its obligations under this Protocol,  
and shall, at intervals and in the format to be determined by the Conference of  
the Parties serving as the meeting of the Parties to this Protocol, report to the  
Conference of the Parties serving as the meeting of the Parties to this Protocol on  
measures that it has taken to implement this Protocol.  
1. is Protocol shall enter into force on the ninetieth day aꢀer the date of deposit  
of the fiꢀieth instrument of ratification, acceptance, approval or accession by States  
or regional economic integration organizations that are Parties to the Convention.  
2. is Protocol shall enter into force for a State or regional economic integration  
organization that ratifies, accepts or approves this Protocol or accedes thereto aꢀer  
the deposit of the fiꢀieth instrument as referred to in paragraph 1 above, on the  
ninetieth day aꢀer the date on which that State or regional economic integration  
organization deposits its instrument of ratification, acceptance, approval or  
accession, or on the date on which the Convention enters into force for that State or  
regional economic integration organization, whichever shall be the later.  
Article  
30  
PROCEDURES AND MECHANISMS TO PROMOTE  
COMPLIANCE WITH THIS PROTOCOL  
3. For the purposes of paragraphs 1 and 2 above, any instrument deposited by a  
regional economic integration organization shall not be counted as additional to  
those deposited by member States of such organization.  
e Conference of the Parties serving as the meeting of the Parties to this Protocol  
shall, at its first meeting, consider and approve cooperative procedures and  
institutional mechanisms to promote compliance with the provisions of this Protocol  
and to address cases of non-compliance. ese procedures and mechanisms shall  
include provisions to offer advice or assistance, where appropriate. ey shall be  
separate from, and without prejudice to, the dispute settlement procedures and  
mechanisms under Article 27 of the Convention.  
Article  
34  
RESERVATIONS  
No reservations may be made to this Protocol.  
Article  
31  
Article  
ASSESSMENT AND REVIEW  
35  
e Conference of the Parties serving as the meeting of the Parties to this Protocol  
shall undertake, four years aꢀer the entry into force of this Protocol and thereaꢀer at  
intervals determined by the Conference of the Parties serving as the meeting of the  
Parties to this Protocol, an evaluation of the effectiveness of this Protocol.  
WITHDRAWAL  
1. At any time aꢀer two years from the date on which this Protocol has entered  
into force for a Party, that Party may withdraw from this Protocol by giving written  
notification to the Depositary.  
2. Any such withdrawal shall take place upon expiry of one year aꢀer the date of its  
receipt by the Depositary, or on such later date as may be specified in the notification  
of the withdrawal.  
Article  
32  
SIGNATURE  
is Protocol shall be open for signature by Parties to the Convention at the United  
Nations Headquarters in New York, from 2 February 2011 to 1 February 2012.  
22  
23  
Nagoya Protocol on Access and Benefit-sharing  
Nagoya Protocol on Access and Benefit-sharing  
(c) Participation in product development;  
Article  
(d) Collaboration, cooperation and contribution in education and training;  
36  
(e) Admittance to ex situ facilities of genetic resources and to databases;  
AUTHENTIC TExTS  
(f) Transfer to the provider of the genetic resources of knowledge and  
technology under fair and most favourable terms, including on concessional  
and preferential terms where agreed, in particular, knowledge and  
technology that make use of genetic resources, including biotechnology, or  
that are relevant to the conservation and sustainable utilization of biological  
diversity;  
e original of this Protocol, of which the Arabic, Chinese, English, French, Russian  
and Spanish texts are equally authentic, shall be deposited with the Secretary-  
General of the United Nations.  
(g) Strengthening capacities for technology transfer;  
(h) Institutional capacity-building;  
IN WITNESS WHEREOF the undersigned, being duly authorized to that effect,  
have signed this Protocol on the dates indicated.  
(i) Human and material resources to strengthen the capacities for the  
administration and enforcement of access regulations;  
DONE at Nagoya on this twenty-ninth day of October, two thousand and ten.  
(j) Training related to genetic resources with the full participation of countries  
providing genetic resources, and where possible, in such countries;  
Annex  
(k) Access to scientific information relevant to conservation and sustainable  
use of biological diversity, including biological inventories and taxonomic  
studies;  
MONETARY AND NON-MONETARY BENEFITS  
1. Monetary benefits may include, but not be limited to:  
(a) Access fees/fee per sample collected or otherwise acquired;  
(b) Up-front payments;  
(l) Contributions to the local economy;  
(m) Research directed towards priority needs, such as health and food security,  
taking into account domestic uses of genetic resources in the Party  
providing genetic resources;  
(c) Milestone payments;  
(d) Payment of royalties;  
(n) Institutional and professional relationships that can arise from an access  
and benefit-sharing agreement and subsequent collaborative activities;  
(e) Licence fees in case of commercialization;  
(o) Food and livelihood security benefits;  
(p) Social recognition;  
(f) Special fees to be paid to trust funds supporting conservation and  
sustainable use of biodiversity;  
(g) Salaries and preferential terms where mutually agreed;  
(h) Research funding;  
(q) Joint ownership of relevant intellectual property rights.  
(i) Joint ventures;  
(j) Joint ownership of relevant intellectual property rights.  
2. Non-monetary benefits may include, but not be limited to:  
(a) Sharing of research and development results;  
(b) Collaboration, cooperation and contribution in scientific research and  
development programmes, particularly biotechnological research activities,  
where possible in the Party providing genetic resources;  
24  
25