A
United Nations protocol providing access to
and equitable sharing of the world's genetic resources is now in force
effective October 12.
Called the Nagoya Protocol on
Access to Genetic Resources and the Fair Equitable Sharing of Benefits Arising
from their Utilization, it provides transparency and equity regarding
associated traditional knowledge as well.
It gives legal framework to
ensure that access and utilization of genetic resources coming from plants,
animals, bacteria or other organisms for commercial, research or other
purposes, be created on the basis of access and benefit-sharing agreements
between providers and users.
This entails prior informed
consent and mutually agreed benefit-sharing with indigenous communities,
keeping in mind customs and community laws. Benefits received in exchange for
access to genetic resources can be monetary or non-monetary, including, for
instance, technology transfer, joint research or capacity-building activities.
The Nagoya Protocol's entry
into force ''will create incentives for preserving genetic diversity,
biodiversity in general, and associated traditional knowledge,'' said Braulio
Ferreira de
Souza Dias, Executive
Secretary of the Convention on Biological Diversity (CBD). ''It will provide
the conditions for continuous research and development on genetic resources.''
The historic treaty is the
result of decades of negotiations, which culminated in the Protocol being
agreed on October 29, 2010, in Nagoya, Japan. With 54 ratifications, it could
now enter into force.
The CBD, which entered into
force in December 1993, is an international treaty for the conservation of
biodiversity, the sustainable use of the components of biodiversity and the
equitable sharing of the benefits derived from the use of genetic resources.
With the Protocol's entry
into force, the Access and Benefit-Sharing Clearing-House becomes operational.
This is a platform where
countries can exchange information that enhances legal certainty and
transparency on procedures for access and for monitoring the use of genetic
resources. It helps connect users and providers of genetic resources and
associated traditional knowledge. (SciencePhilippines)
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