The Nagoya Protocol receives 50th instrument of ratification and will come into force on October 12, 2014.

The Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization (ABS) to the Convention on Biological Diversity is a supplementary agreement to the Convention on Biological Diversity. It provides a transparent legal framework for the effective implementation of one of the three objectives of the CBD: the fair and equitable sharing of benefits arising out of the utilization of genetic resources.

The Nagoya Protocol on ABS was adopted on 29 October 2010 in Nagoya, Japan and comes into force 90 days after the 50th instrument of ratification. With the 50th instrument of ratification achieved on 14th July, the Nagoya Protocol will now come into force on 12th of October, 2014.

Shri Prakash Javadekar made a suo moto statement in the Parliament that India with its Presidency of the Conference of Parties played a pivotal role to get the requisite number of ratifications. The Minister congratulated his counterparts for making this happen. The Minister further mentioned that a new era has now ushered in for implementation of CBD that would contribute to achieving sustainable development and a glorious future for all living beings inhabiting our mother Earth.

He said that the ratification of the Nagoya Protocol by 51 Parties to the CBD is a major step towards achieving the first of the global Aichi Biodiversity Targets (Target 16 that by 2015, the Nagoya Protocol is in force and operational), and achieving it more than a year before its target date is unprecedented. The minister said that this showcases India’s leadership on biodiversity in the global arena.

The Nagoya Protocol will create greater legal certainty and transparency for both providers and users of genetic resources by:
· Establishing more predictable conditions for access to genetic resources.
· Helping to ensure benefit-sharing when genetic resources leave the contracting party providing the genetic resources
By helping to ensure benefit-sharing, the Nagoya Protocol creates incentives to conserve and sustainably use genetic resources, and therefore enhances the contribution of biodiversity to development and human well-being.

The Minister said that India has been a victim of misappropriation or biopiracy of our genetic resources and associated traditional knowledge, which have been patented in other countries and gave the examples of Neem and Haldi. It is expected that the Nagoya Protocol on ABS will supplement our domestic legislation namely the Biological Diversity Act, 2002.