The Nagoya Protocol

If in the course of your research project you utilize biological (not human!) material from abroad, your project might be subject to special legal requirements. The laws governing the use (research and/or development) of genetic resources, which came into force with the implementation of the “access and benefit sharing” provisions of the Nagoya Protocol, require all scientists who handle genetic resources and/or traditional knowledge associated with such genetic resources to comply with applicable national and international rules. You can use this checklist to determine whether your research falls within the scope of the EU ABS Regulation.

The Nagoya Protocol calls for genetic resources to be fairly and equitably shared to balance the interests of those utilizing such resources and the country providing them. It makes no fundamental distinction between fundamental research and commercially motivated research. Hence, the Nagoya Protocol considers genetic and/or biochemical analysis of biological (not human!) material, for example, including its analysis for non-commercial research, to constitute utilization. The DFG Permanent Senate Commission on Fundamental Issues of Biological Diversity has, therefore, published information to guide scientists in complying with the Nagoya Protocol.