RATIFIED INTERNATIONAL INSTRUMENTS

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Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing o Benefits Arising from their Utilization

Art. 1

The legal framework allows for the fair and equitable sharing of the benefits arising from the utilization of genetic resources (GR), including by appropriate access to GR and by appropriate transfer of relevant technologies, taking into account all rights over those resources and technologies, and by appropriate funding.

Art.2

The legal framework provides for definitions (of key terms) identical in wording or effect as those set out in the Convention on Biological Diversity (CBD) and the Nagoya Protocol (in particular "utilization of genetic resource", "biotechnology", "derivative").

Art.3

The legal framework allows for the taking into account of:
- all GR falling within the scope of the CBD and the benefits arising from the use of these resources; and
- all the traditional knowledge associated with these GR and the benefits arising from the use of this knowledge.

Art.4-1

The legal framework does not modify the rights and obligations arising from part of an existing international agreement, except in the event that their exercise would cause serious damage to, or pose a serious threat to, biological diversity.

Art.4-2

The legal framework does not prevent the development and application of other relevant instruments, provided that they do not contradict the objectives of the convention.

Art.4-3

The legal framework encourages complementarity with other relevant instruments.

Art.5-1

The legal framework allows for the adoption of legislative, administrative or policy measures to ensure that the benefits arising from the utilization of GR as well as subsequent applications and commercialization are shared fairly and equitably with the Party providing the resources (country of origin of the resources or party that acquired them in accordance with the CBD), under mutually agreed terms (MAT).

Art.5-2

The legal framework allows for the adoption of legislative, administrative or policy measures to ensure that benefits arising from the utilization of GR that are held by indigenous and local communities, in accordance with domestic legislation regarding the established rights of these communities over these GR, are shared in a fair and equitable way with the communities concerned, under MAT.

Art.5-4

The legal framework allows the benefits referred to in Art. 5-2 of the Nagoya Protocol to be granted in the form of monetary or non-monetary benefits (including, but not limited to, those listed in the Annex). x.

Art. 5-5

The legal framework allows for the adoption of legislative, administrative or policy measures to ensure that benefits arising from the utilization of traditional knowledge associated with GR held by indigenous and local communities are shared in a fair and equitable way with these communities, under MAT.

Art. 6-1

The legal framework allows access to GR for their utilization to be subject to the prior informed consent (PIC) of the Party providing such resources (that is the country of origin of such resources or a Party that has acquired the GR in accordance with the CBD).

Art. 6-2

The legal framework allows the PIC or approval and involvement of indigenous and local communities to be required for access to GR where they have the established right to grant access to such resources.

Art. 6-3(a)

When PIC is required, the legal framework allows for the adoption of legislative, administrative or policy measures to ensure legal certainty, clarity and transparency of their domestic access and benefit-sharing legislation or regulatory requirements.

Art. 6-3(b)

When PIC is required, the legal framework allows for the adoption of legislative, administrative or policy measures to establish fair and non-arbitrary rules and procedures on accessing GR.;

Art. 6-3(c)

When PIC is required, the legal framework allows for the adoption of legislative, administrative or policy measures to inform on how to apply for PIC

Art. 6-3(d)

When PIC is required, the legal framework allows for the adoption of legislative, administrative or policy measures to ensure a clear and transparent written decision by a competent national authority, in a cost-effective manner and within a reasonable period of time

Art. 6-3(e)

When PIC is required, the legal framework allows for the adoption of legislative, administrative or policy measures to ensure the issuance at the time of access of a permit or its equivalent as evidence of the decision to grant PIC and of the establishment of MAT.

Art. 6-3(f)

When PIC is required, the legal framework allows for the adoption of legislative, administrative or policy measures to set out criteria and/or processes for obtaining PIC or approval and involvement of indigenous and local communities for access to GR.

Art. 6-3(g)

When PIC is required, the legal framework allows for the adoption of legislative, administrative or policy measures to establish clear rules and procedures for requiring and establishing MAT, and including in particular the following requirements:
(i) a dispute settlement clause;
(ii) terms on benefit-sharing, including in relation to intellectual property rights;
(iii) terms on subsequent third-party use, if any; and
(iv) terms on changes of intent, where applicable

Art. 7

The legal framework allows for access to traditional knowledge associated with GR that is held by indigenous and local communities to be conditional upon the PIC or approval and involvement of these communities, and upon the establishment of MAT.

Art. 8

The legal framework allows:
a) the promotion of research contributing to the conservation and sustainable use of biodiversity;
b) the consideration of present or imminent emergencies that threaten or damage human, animal or plant health; and
c) the recognition of the importance of GR for food and agriculture and their special role for food security.

Art.9-I

The legal framework encourages users and providers to direct benefits arising from the utilization of GR towards the conservation of biodiversity and the sustainable use of its components

Art. 11

The legal framework allows for transboundary cooperation with the involvement of indigenous and local communities concerned, in cases where:
a) the same GR are found in situ within the territory of more than one Party; or
b) the same traditional knowledge associated with GR is shared by one or more indigenous and local communities in several Parties.

Art. 12-1

The legal framework allows the customary law of indigenous and local communities, as well as their protocols and procedures, to be taken into account in relation to traditional knowledge associated with GR..

Art. 12-2

The legal framework allows for the establishment, with the effective participation of the indigenous and local communities concerned, of mechanisms to inform potential users of traditional knowledge associated with GR about their obligations.

Art. 12-3

The legal framework allows for the development by indigenous and local communities, including women, of:
(a) community protocols in relation to access to traditional knowledge associated with GR and the fair and equitable sharing of benefits arising out of the utilization of such knowledge;
(b) minimum requirements for MAT to secure the fair and equitable sharing of benefits arising from the utilization of traditional knowledge associated with GR; and
(c) model contractual clauses for benefit-sharing arising from the utilization of traditional knowledge associated with GR.

Art. 12-4

The legal framework does not contain provisions that restrict the customary use and exchange of GR and traditional knowledge associated with GR to within and amongst indigenous and local communities in accordance with the objectives of the CBD.

Art.13-I

The legal framework designates of a national correspondent for access and benefit-sharing.

Art.13-II

The legal framework designates one or more national authorities responsible for access and benefit-sharing (this entity can combine the functions of national correspondent and competent national authority).

Art.15-I

The legal framework allows for the adoption of appropriate, effective and proportionate legislative, administrative or policy measures to ensure that to GR used under the country's jurisdiction have been accessed subject to PIC and that MAT have been established.

Art.15-II

The legal framework allows for the adoption of appropriate, effective and proportionate measures to deal with situations of non-compliance with the measures adopted in accordance with Article 15-1.

Art.15-III

The legal framework allows for cooperation with other States in the event of an alleged violation of internal laws or regulations relating to access and benefit-sharing mentioned in Article 15-1.

Art.16-I

The legal framework allows for the adoption of appropriate, effective and proportionate legislative, administrative or policy measures to ensure that access to traditional knowledge associated with GR used under the country's jurisdiction has been subject to PIC or the approval and involvement of indigenous and local communities and that MAT have been established.

Art. 16-II

The legal framework allows for the adoption of appropriate, effective and proportionate measures to deal with situations of non-compliance with the measures adopted in accordance with Article 16-1

Art.16-III

The legal framework allows for cooperation with other States in the event of an alleged violation of internal laws or regulations relating to access and benefit-sharing mentioned in Article 16-1.

Art.17

The legal framework allows for the adoption of measures to monitor the use of GR and increase transparency regarding their utilization.

Art.18

The legal framework allows for the adoption of measures to encourage providers and users of GR and/or traditional knowledge associated with GR to include dispute settlement provisions in the MAT.

Art.19

The legal framework allows for the adoption of measures to encourage the development, updating and use of standard sectoral and cross-sectoral contractual clauses for MAT.T.

Art.20

The legal framework allows for the adoption of measures to encourage the development, updating and use of voluntary codes of conduct, guidelines and good practices and/or standards related to access and benefit-sharing.

Art.21

The legal framework encourages public awareness raising of the importance of GR and traditional knowledge associated with GR, and related access and benefit-sharing issues.

Art.23

The legal framework allows for collaboration with other States on research and development programs, including biotechnology research activities.