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Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from Their Utilization to the Convention on Biological Diversity

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Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from Their Utilization to the Convention on Biological Diversity NAGOYA PROTOCOL ON ACCESS TO GENETIC RESOURCES AND THE FAIR AND EQUITABLE SHARING OF BENEFITS ARISING FROM THEIR UTILIZATION TO THE CONVENTION ON BIOLOGICAL DIVERSITY TExT AND ANNEx NAGOYA PROTOCOL ON ACCESS TO GENETIC RESOURCES AND THE FAIR AND EQUITABLE SHARING OF BENEFITS ARISING FROM THEIR UTILIZATION TO THE CONVENTION ON BIOLOGICAL DIVERSITY TExT And Annex Secretariat of the Convention on Biological Diversity Montreal Convention on Biological Diversity United Nations Nagoya Protocol on Access and Benefi t-sharing Introduction Th e Convention on Biological Diversity was opened for signature on 5 June 1992 at the United Nations Conference on Environment and Development (the Rio “Earth Summit”) and entered into force on 29 December 1993. Th e Convention is the only international instrument comprehensively addressing biological diversity. Th e Convention’s three objectives are the conservation of biological diversity, the sustainable use of its components and the fair and equitable sharing of benefi ts arising from the utilisation of genetic resources. Secretariat of the Convention on Biological Diversity To further advance the implementation of the third objective, the World Summit on United Nations Environmental Programme Sustainable Development (Johannesburg, September 2002) called for the negotiation 413 St. Jacques Street West, Suite 800 of an international regime, within the framework of the Convention, to promote Montreal, Quebec, Canada H2Y 1N9 and safeguard the fair and equitable sharing of benefi ts arising from the utilisation Phone: +1 (514) 288 2220 Fax: +1 (514) 288 6588 of genetic resources. Th e Convention’s Conference of the Parties responded at its E-mail: [email protected] seventh meeting, in 2004, by mandating its Ad Hoc Open-ended Working Group Website: www.cbd.int on Access and Benefi t-sharing to elaborate and negotiate an international regime on access to genetic resources and benefi t-sharing in order to eff ectively implement © 2011 by the Secretariat of the Convention on Biological Diversity Articles 15 (Access to Genetic Resources) and 8(j) (Traditional Knowledge) of the All rights reserved. Published 2011 Printed in Canada Convention and its three objectives. Aft er six years of negotiation, the Nagoya Protocol on Access to Genetic Resources ISBN: 92-9225-306-9 and the Fair and Equitable Sharing of Benefi ts Arising from their Utilization to Th is publication may be reproduced for educational or non-profi t purposes without special the Convention on Biological Diversity was adopted at the tenth meeting of the permission from the copyright holders, provided acknowledgement of the source is made. Conference of the Parties on 29 October 2010, in Nagoya, Japan. Th e Secretariat of the Convention would appreciate receiving a copy of the publications that use this Th e Protocol signifi cantly advances the Convention’s third objective by providing document as a source. a strong basis for greater legal certainty and transparency for both providers and users of genetic resources. Specifi c obligations to support compliance with Local catalogue record: domestic legislation or regulatory requirements of the Party providing genetic resources and contractual obligations refl ected in mutually agreed terms are a Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefi ts signifi cant innovation of the Protocol. Th ese compliance provisions as well as Arising from their Utilization to the Convention on Biological Diversity : text and annex / Secretariat of the Convention on Biological Diversity. provisions establishing more predictable conditions for access to genetic resources Summary: “Th is booklet contains the text and annex of the Nagoya Protocol on Access to Genetic will contribute to ensuring the sharing of benefi ts when genetic resources leave a Resources and the Fair and Equitable Sharing of Benefi ts Arising from their Utilization to the Party providing genetic resources. In addition, the Protocol’s provisions on access Convention on Biological Diversity.”—Provided by publisher. to traditional knowledge held by indigenous and local communities when it is ISBN 92-9225-306-9 associated with genetic resources will strengthen the ability of these communities to 1. Biodiversity conservation — Law and legislation 2. Genetic resources conservation—Law and legislation 3. Biodiversity – International cooperation 4. Biodiversity conservation benefi t from the use of their knowledge, innovations and practices. I. Convention on Biological Diversity (1992). Protocols, etc., 2010 Oct. 29. II. Conference of the By promoting the use of genetic resources and associated traditional knowledge, Parties to the Convention on Biological Diversity (2010 : Nagoya, Japan). III. United Nations. and by strengthening the opportunities for fair and equitable sharing of benefi ts K3488 .A48 2011 from their use, the Protocol will create incentives to conserve biological diversity, sustainably use its components, and further enhance the contribution of biological For further information please contact the Secretariat of the Convention on Biological Diversity diversity to sustainable development and human well-being. 1 Nagoya Protocol on Access and Benefit-sharing Nagoya Protocol on Access and Benefit-sharing NAGOYA PROTOCOL ON ACCESS TO GENETIC Determined to further support the effective implementation of the access and RESOURCES AND THE FAIR AND EQUITABLE SHARING OF benefit-sharing provisions of the Convention, BENEFITS ARISING FROM THEIR UTILIZATION TO THE Recognizing that an innovative solution is required to address the fair and equitable CONVENTION ON BIOLOGICAL DIVERSITY sharing of benefits derived from the utilization of genetic resources and traditional knowledge associated with genetic resources that occur in transboundary situations The Parties to this Protocol, or for which it is not possible to grant or obtain prior informed consent, Recognizing the importance of genetic resources to food security, public health, Being Parties to the Convention on Biological Diversity, hereinafter referred to as biodiversity conservation, and the mitigation of and adaptation to climate change, “the Convention”, Recognizing the special nature of agricultural biodiversity, its distinctive features and Recalling that the fair and equitable sharing of benefits arising from the utilization of problems needing distinctive solutions, 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 Reaffirming the sovereign rights of States over their natural resources and according achieving food security worldwide and for sustainable development of agriculture to the provisions of the Convention, in the context of poverty alleviation and climate change and acknowledging the Recalling further Article 15 of the Convention, fundamental role of the International Treaty on Plant Genetic Resources for Food Recognizing the important contribution to sustainable development made by and Agriculture and the FAO Commission on Genetic Resources for Food and technology transfer and cooperation to build research and innovation capacities Agriculture in this regard, for adding value to genetic resources in developing countries, in accordance with Mindful of the International Health Regulations (2005) of the World Health Articles 16 and 19 of the Convention, Organization and the importance of ensuring access to human pathogens for public Recognizing that public awareness of the economic value of ecosystems and health preparedness and response purposes, biodiversity and the fair and equitable sharing of this economic value with the Acknowledging ongoing work in other international forums relating to access and custodians of biodiversity are key incentives for the conservation of biological benefit-sharing, diversity and the sustainable use of its components, Recalling the Multilateral System of Access and Benefit-sharing established under the Acknowledging the potential role of access and benefit-sharing to contribute to the International Treaty on Plant Genetic Resources for Food and Agriculture developed conservation and sustainable use of biological diversity, poverty eradication and in harmony with the Convention, environmental sustainability and thereby contributing to achieving the Millennium Recognizing that international instruments related to access and benefit-sharing Development Goals, should be mutually supportive with a view to achieving the objectives of the Acknowledging the linkage between access to genetic resources and the fair and Convention, 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 Recognizing the importance of providing legal certainty with respect to access to knowledge associated with genetic resources and the fair and equitable sharing of genetic resources and the fair and equitable sharing of benefits arising from their benefits arising from the utilization of such knowledge, utilization, Noting the interrelationship between genetic resources and traditional knowledge, Further recognizing the importance of promoting equity and fairness in negotiation their inseparable nature for indigenous and local communities,
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