Maarg Manthan · Topic 18.20

Nagoya Protocol on Access and Benefit Sharing

Environment & Ecology › International Environmental Governance and Conventions · Topic 18.20

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 (the Nagoya Protocol, or ABS Protocol) is the CBD's second protocol. It was adopted on 29 October 2010 at the tenth meeting of the Conference of the Parties (COP10) in Nagoya, Japan, and entered into force on 12 October 2014 after 50 ratifications. It implements the third objective of the CBD, fair and equitable sharing of benefits from genetic resources. Under it, users of genetic resources and associated traditional knowledge from another country must get the Prior Informed Consent (PIC) of the provider country and agree Mutually Agreed Terms (MAT) on benefit sharing, which can be monetary (fees, royalties) or non-monetary (joint research, technology transfer, training). Providers must have clear, transparent access rules, and users must follow checkpoints and compliance measures, so that biopiracy is checked. The Protocol covers traditional knowledge of indigenous and local communities and gives them a role. A Global Multilateral Benefit-Sharing Mechanism (Article 10) was discussed for cases where PIC cannot be obtained, and the issue of digital sequence information led to the Cali Fund, agreed at COP16 in 2024. India ratified the Nagoya Protocol on 9 October 2012, and implements it through the Biological Diversity Act, 2002 and National Biodiversity Authority guidelines.

5 min read · UPSC Prelims · Environment & Ecology · International Environmental Governance and Conventions

At a Glance

Adopted 29 October 2010, Nagoya
In force 12 October 2014
Core terms PIC and MAT
India ratified 9 October 2012
Aim Fair benefit sharing
Exam link UPSC Prelims, Environment & Ecology: International Environmental Governance and Conventions

Where Does It Fit?

This topic follows the Cartagena Protocol and covers the CBD’s other protocol, which is implemented in India through the Biological Diversity Act. It leads to the Aichi Targets. Previous topic: Cartagena Protocol on Biosafety. Next topic: Aichi Biodiversity Targets.

What Does the Nagoya Protocol Require?

Element	Details
Adoption and force	Adopted 29 October 2010 at COP10, Nagoya; in force 12 October 2014
Purpose	Fair and equitable sharing of benefits from use of genetic resources, the third CBD objective
Prior Informed Consent	Users need permission from the provider country or community before accessing resources
Mutually Agreed Terms	Contracts setting out how benefits will be shared
Benefits	Monetary (royalties, fees) and non-monetary (research cooperation, technology transfer, training)
Traditional knowledge	Covered; communities must be involved and benefit
Compliance	Designated checkpoints, internationally recognised certificates of compliance and monitoring of use

What Are the Issues and Indian Links?

Biopiracy: protocol aims to curb unauthorised use, such as patents on neem or turmeric
Article 10: a possible global multilateral benefit-sharing mechanism for resources found across borders or without consent
Digital sequence information: use of genetic data without physical samples; Cali Fund agreed in 2024 so firms using DSI pay a share
India: ratified 9 October 2012 at COP11 in Hyderabad
Domestic law: Biological Diversity Act 2002 and ABS guidelines 2014
NBA: competent national authority
Benefit-sharing cases: Kani tribe and Arogyapacha example
Concerns: compliance costs for researchers and unclear rules

What Else Should You Remember?

Genetic resources: genetic material of actual or potential value
Utilization: research and development on genetic or biochemical composition
COP10 Nagoya: also adopted the Strategic Plan and Aichi Targets
Entry into force: 90 days after the 50th ratification
Parties: about 140 parties including India and the EU
Non-parties: United States is not a CBD party
ABS Clearing-House: an online platform for information on access rules
Internationally recognised certificate of compliance: proof that access was legal
Checkpoints: places such as patent offices or research funders where compliance is checked
Model clauses: standard contract terms for MAT
Hyderabad COP11: agreed on funds for implementing the Protocol
Kani tribe: a Kerala tribe that shared benefits from the anti-fatigue plant arogyapacha, a notable ABS case in India
Neem and turmeric cases: patents challenged and revoked after Indian evidence
TKDL: Traditional Knowledge Digital Library prevents wrongful patents
Basmati: a trade dispute over names and patents
Biodiversity Management Committees: local bodies that can claim benefits under the Biological Diversity Act
Benefit sharing in India: NBA has approved ABS agreements with payments to local committees
Cali Fund: launched in 2025 for benefit sharing from digital sequence information
WIPO treaty: 2024 treaty requiring patent applicants to disclose origin of genetic resources
Traditional knowledge: communities’ rights recognised under Article 7
Pandemic pathogens: Nagoya applies to some pathogens, with special provisions in Article 8
Link to previous: see Cartagena Protocol on Biosafety
Link to next: see Aichi Biodiversity Targets
Link to BD Act: see Biological Diversity Act, 2002
Caution: parties count and DSI arrangements are changing, so check the CBD website
Exam hint: remember PIC, MAT, the dates and India’s ratification at Hyderabad
Biopiracy: biopiracy refers to unauthorised use of genetic resources or knowledge, which the Protocol seeks to prevent through consent and monitoring
Sovereign rights: states have sovereign rights over their genetic resources under the CBD, which the Protocol operationalises
Research versus commerce: the Protocol encourages simpler access for non-commercial research while commercial use needs benefit sharing
Community protocols: communities can set their own protocols for access to their knowledge and resources
Pandemic and pathogen sharing: the Protocol’s Article 8 allows faster access for pathogens in health emergencies, linked to later WHO pandemic accords
User compliance: users must keep records, declare origin in patent or research funding applications, and monitor utilisation

Why Does It Matter for the Exam?

Adopted: 2010
In force: 2014
Terms: PIC, MAT
Current affairs link: DSI and Cali Fund
Common errors: confusing Nagoya with Cartagena

As an analytical point, the Nagoya Protocol tries to turn the principle of national sovereignty over genetic resources into practical benefit sharing. Its success depends on clear access rules, effective checkpoints and the involvement of local communities who hold the knowledge.

Why Is This Topic Important?

Right Consent
Share MAT
Check Compliance

What Came Next?

The next topic covers the Aichi Biodiversity Targets. Next topic: Aichi Biodiversity Targets.

Key People and Terms

ABS Access and benefit sharing
PIC Prior Informed Consent
MAT Mutually Agreed Terms
DSI Digital sequence information
Biopiracy Unfair use of resources
TKDL Traditional Knowledge Digital Library

Exam Corner

Points to Remember

Adopted 2010, force 2014.
Terms: PIC and MAT.
India ratified 2012.
Won at COP10, Nagoya.
Domestic law: BD Act 2002.

Do Not Confuse With

Nagoya and Cartagena Benefit sharing versus biosafety
PIC and MAT Permission versus benefit contract
Nagoya Protocol and Aichi Targets Legal protocol versus target set

Memory Hook

Ten in Nagoya: consent first, terms next, share the gain.

Mains Angle

Questions ask for key terms and dates. These points help.

Aim ABS
Tools PIC, MAT
India BD Act

A Question You May Face

An original practice question, not a past paper question.

“Explain the Nagoya Protocol on Access and Benefit Sharing and its implementation in India.”

How to Answer

Aim ABS.
Tools PIC, MAT.
Issues DSI.
India BD Act.

GS Relevance

Prelims: PIC, MAT, dates, India. GS Paper 3: access and benefit sharing.

Frequently Asked Questions

What is the Nagoya Protocol?

The Nagoya Protocol on Access and Benefit Sharing is a supplementary agreement to the Convention on Biological Diversity, adopted on 29 October 2010 in Nagoya, Japan and in force since 12 October 2014. It provides a legal framework for fair and equitable sharing of benefits from the use of genetic resources and related traditional knowledge.

What are Prior Informed Consent and Mutually Agreed Terms?

Prior Informed Consent means that a user must obtain permission from the provider country, or community where relevant, before accessing genetic resources or traditional knowledge. Mutually Agreed Terms are the contract between the user and provider setting out conditions of use and how benefits will be shared, in money or through non-monetary benefits.

How does India implement the Nagoya Protocol?

India ratified the Protocol on 9 October 2012 during COP11 in Hyderabad. It implements it through the Biological Diversity Act, 2002 and the 2014 guidelines on access and benefit sharing, with the National Biodiversity Authority granting approvals for foreign access, setting benefit-sharing terms and channelling money to local Biodiversity Management Committees.

What is digital sequence information?

Digital sequence information refers to genetic data, such as DNA and RNA sequences, stored in databases and used in research without needing a physical sample. Because it can bypass access rules, countries debated how to share benefits from its use. COP16 in 2024 agreed on the Cali Fund, to which companies using DSI should contribute a share of profits.

What is biopiracy?

Biopiracy is the unauthorised use or patenting of biological resources or traditional knowledge from a country or community, without consent or fair sharing of benefits. Cases such as patents on neem and turmeric led to challenges and revocation. The Nagoya Protocol and tools like the Traditional Knowledge Digital Library are meant to prevent such cases.

PYQ Practice — Statement Analysis

1 The Nagoya Protocol came into force in 2014.

True

After 50 ratifications.

2 The Nagoya Protocol deals with biosafety.

False

It deals with access and benefit sharing.

3 India ratified the Protocol in 2012.