Various news was posted back in October on the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization. One was from Bioversity International “Bioversity welcomes Nagoya Protocol“. A later update included a short interview with Michael Halewood, head of the Policy & Law Unit at Bioversity International.
The interviewer asked about the implications of the Protocol on the International Treaty, in particular the Multilateral System (MLS) for access and benefit-sharing. Michael Halewood explains that the fear was the protocol might ignore the Treaty, but that, in the end, language was used in the final agreement “adequately recognized the International Treaty”.
“With a Protocol on access and benefit sharing of genetic resources having been adopted in October in Nagoya, focus now shifts on ratification, acceptance and approval. The protocol opens for signature on 2nd February 2011. The speed at which countries will move to deposit their instruments of ratification and approval of the protocol will the indicative of whether the compromises made in Nagoya have gone down well in the capitals of the negotiators.
It will also be interesting to see how the adopted protocol will in future shape discussions and negotiations on genetic resources, traditional knowledge and access and benefit sharing that are taking place at the FAO, WIPO and WHO. Work has already been cut out for the inter-sessional intergovernmental committee in preparation for the first meeting of the parties to the protocol, which in the earliest will take place in 2012 in India during COP 11.
There still remain a number of unsettled issues, including what the internationally recognized certificate will look like, the global multi-lateral benefit-sharing mechanism. However, before we start thinking about these issues all over again, it would be useful if we could start by congratulating all the negotiators for tireless work that has finally borne fruit, not forgetting the able leadership provided by Fernando Cassas and Tim Hodges to the process.”
You can access the protocol text from the IP-watch.org upload.
For more opinions on the agreement see:
“Meeting review: TK at CBD COP 10” from TK bulletin,
“BIO’s take on the CBD Nagoya Protocol” from PatentlyBIOTech.