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