Information on legal requirements for researchers
Individual academics and researchers in the University have a legal obligation to comply with the Nagoya Protocol.
The regulation on compliance measures for users from the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization (EU) 511/2014 is part of UK law under The Nagoya Protocol (Compliance) Regulations 2015.
The Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization (the ‘ABS’ Protocol) is an international agreement that implements the access and benefit-sharing obligations of the Convention on Biological Diversity (CBD).
Genetic resources in this context include any material of plant, animal, microbial or other origin containing functional units of heredity which is of actual or potential value, or derivatives.
Researchers who source or use such material are required to 'exercise diligence' to ensure that genetic resources and traditional knowledge associated with those resources have been accessed in accordance with applicable access and benefit sharing laws implemented by the source country.
Traditional knowledge refers to knowledge, know-how and practice of indigenous and local communities relevant for the utilisation of the genetic resources accessed under the protocol.
The protocol does not apply to:
- human genetic resources
- genetic resources covered by specialised ABS treaties that are supportive of the CBD (for instance, the International Treaty on Plant Genetic Resources for Food and Agriculture)