The Implementation Of The Nagoya Protocol In Germany

On 12 October 2014, the 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") entered into force. By placing the parties under obligations to establish legislative, administrative and/or political measures with regard to access to genetic resources, the Nagoya Protocol aims to prevent biopiracy (i.e. the commercial development of biological compounds or genetic sequences by a technologically advanced country or organization without obtaining consent from or providing fair compensation to the peoples or nations in whose territory the materials were discovered¹) and intends to ensure the participation of the countries of origin and/or indigenous or local communities in the benefits of the use of genetic resources. The European Union ("EU") is a party to the Nagoya Protocol.