Nagoya Protocol Soon To Restrict Use Of Genetic Resources From Other Countries

The 'Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization' will enter into force on 12 October 2014. The protocol has been signed by 92 countries, including the Netherlands. Companies whose operations involve the use of genetic resources from other countries will have to comply with significant new obligations, like obtaining prior informed consent and an internationally recognised certificate of compliance. If they fail to do so, they run the risk of their utilisation being discontinued.

The Nagoya Protocol was adopted in 2010. It is a supplementary agreement to the UN Convention on Biological Diversity (CBD), which states that countries have sovereignty over the genetic resources found in their territory. Although the CBD was signed by almost all countries in the world, it contained no enforcement mechanisms. The Nagoya Protocol remedies this by providing a binding legal framework for