Nagoya Protocol entered into force on October 12th, 2014

COP12logoAs you might have followed in the news and my posts, the CBD COP12 in Pyeongchang is taking place since last week until the end of this week. Read more here.

During this COP, 4 years after approving the Nagoya Protocol on Access to Genetic Resources and the Sharing of Benefits arising from their utilisation, here we are. The Nagoya Protocol entered into force yesterday on October 12th. Find the official Press Release here.

What does this mean for us as a country, a company, a research institution?

As a country, we will need to work hard to develop, adapt a legal framework giving guidelines to users and owners of natural resources and associated traditional knowledge, to ensure among others respect of biodiversity, equitable sharing of benefits arising from the utilisation of these resources and transparent relationships.

As a company, we will need to anticipate, understand and implement good practices towards the Nagoya Protocol to ensure respect of the existing or upcoming legal framework. A lot of questions remain with regards to how companies should deal with the Nagoya Protocol. As far as I am concern, I strongly promote the implementation of good practices as developed by several business federations and the Union for Ethical BioTrade. Read more here in my previous posts.

As a research institution, we will need to identify the stakeholders and define whether or not a commercial use of the research will happen, surely, in a short term or depending on the results etc. However, good practices should be implemented as for the companies with a Prior Informed Consent (PIC), a Mutual Agreed Term (MAT) and a Material Transfer Agreement (MTA). For example, the NGO Diversitas in Latin America published case studies of researches and their implication towards the Nagoya Protocol. Read more here.

However, a lot needs to be done still. I really hope that I can help some of you in understanding better the Nagoya Protocol and identifying good practices relevant to your business. If you are interested, please contact me here.