Key Terms & Concepts — UPSC Mains
Nagoya Protocol
"An international treaty under the CBD that establishes a framework for fair and equitable sharing of benefits arising from the use of genetic resources, requiring Prior Informed Consent (PIC) and Mutually Agreed Terms (MAT)."
The Nagoya Protocol on Access and Benefit Sharing (ABS) is a supplementary agreement to the Convention on Biological Diversity (CBD, 1992). Adopted on October 29, 2010 in Nagoya, Japan, it entered into force on October 12, 2014, with 142 parties. The Protocol establishes three pillars: (1) Access — users of genetic resources must obtain Prior Informed Consent (PIC) from the provider country; (2) Benefit-Sharing — benefits (monetary and non-monetary) must be shared on Mutually Agreed Terms (MAT); (3) Compliance — countries must ensure users within their jurisdiction comply with the ABS laws of provider countries. IRCCs (Internationally Recognised Certificates of Compliance) are permits published on the global ABS Clearing House, proving legal access to genetic resources. India leads globally with 3,561 IRCCs (56% of the global total of 6,311). India's domestic implementation is through the Biological Diversity Act, 2002, enforced by the National Biodiversity Authority (NBA, Chennai). The Protocol addresses biopiracy — the unauthorised use of traditional knowledge or genetic resources without benefit-sharing. Landmark cases include turmeric (US, 1997), neem (EU, 2005), and basmati rice (US, 1997).
Important for GS3 Environment (biodiversity, international environmental agreements) and GS2 International Relations (multilateral treaties). Prelims: know Nagoya Protocol adopted 2010, in force 2014; three pillars (PIC, MAT, compliance); India's IRCC leadership. Mains: analyse India's ABS framework and its effectiveness in preventing biopiracy. Connects to: CBD, Cartagena Protocol, Biological Diversity Act 2002, NBA, TKDL.
- 1 Adopted: October 29, 2010 (Nagoya, Japan); in force: October 12, 2014
- 2 Supplementary to Convention on Biological Diversity (CBD, 1992)
- 3 Three pillars: Prior Informed Consent (PIC), Mutually Agreed Terms (MAT), Compliance
- 4 IRCC: certificate proving legal access to genetic resources
- 5 India leads globally: 3,561 IRCCs (56% of 6,311 worldwide)
- 6 India ratified: October 9, 2012 (before the Protocol entered into force)
- 7 India's domestic law: Biological Diversity Act, 2002; enforced by NBA (Chennai)
- 8 Biopiracy cases: turmeric (1997), neem (2005), basmati (1997)
- 9 TKDL: 3.4 lakh formulations in 5 languages to block biopiracy patents
When a European pharmaceutical company seeks to use a medicinal plant extract from India's Western Ghats in a new drug, the Nagoya Protocol requires them to first obtain PIC from India (through the NBA), agree to benefit-sharing terms (MAT) including royalties to local communities, and register their access through an IRCC published on the global ABS Clearing House.
