As a reaction against bio-piracy acts by developed countries, it needed global convention for fair sharing of the benefit. The Nagoya Protocol on Access to genetic resources and the Benefit Sharing (ABS, hereinafter referred to as the "Nagoya Protocol") was adopted in October 2010 in Nagoya, Japan, in order to realize an equitable sharing of benefits derived from the use of biological genetic resources. The Nagoya Protocol defines three main obligations: access obligation, benefit-sharing, and compliance. It also includes traditional knowledge associated with genetic resources, including genetic resources. It required Prior Informed Consent (PIC) and Mutually Agreed Terms (MAT) in a contract to share the use of profits in order to gain access to, and to share, profits. However, there are many unclear contents in the Nagoya Protocol itself, and due to the ambiguity of the main provisions, there is a large gap in interpretation between the donors and users of the genetic resources, which may lead to some future conflicts between the parties.
Until now over than 90 countries signed this protocol including Palau. The Nagoya Protocol is also called as ABS, stands for Access to GR and Benefit Sharing. It changes the concept the GR and TK completely. Before the Nagoya protocol, GR and TK were considered as “Property of all human being.” and they were all free. But now a day, they are not for free any more, and the user must pay for it because it is sovereign rights of the original country.
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