The Nagoya Protocol on Access to Genetic Resources and Benefit Sharing: What is New and What are the Implications for Provider and User Countries and the Scientific Community?

Abstract

According to the Convention on Biological Biodiversity, as specified by the Nagoya Protocol of 2010 states have sovereign rights over their genetic resources. They are entitled to regulate the access to them and ask for the sharing of benefits drawn from them. A similar regime applies to traditional knowledge associated with genetic resources that is held by local and indigenous communities. The article lays out the details of the exchange relationships between providers and users of genetic resources and traditional knowledge, and elaborates reform suggestions for national legislation of both provider and user states implementing the Protocol.