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:Article 6 Access to genetic resources

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

Article 6 Access to genetic resources

Geldend

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1.

In the exercise of sovereign rights over natural resources, and subject to domestic access and benefit-sharing legislation or regulatory requirements, access to genetic resources for their utilization shall be subject to the prior informed consent of the Party providing such resources that is the country of origin of such resources or a Party that has acquired the genetic resources in accordance with the Convention, unless otherwise determined by that Party.

2.

In accordance with domestic law, each Party shall take measures, as appropriate, with the aim of ensuring that the prior informed consent or approval and involvement of indigenous and local communities is obtained for access to genetic resources where they have the established right to grant access to such resources.

3.

Pursuant to paragraph l above, each Party requiring prior informed consent shall take the necessary legislative, administrative or policy measures, as appropriate, to:

a)

Provide for legal certainty, clarity and transparency of their domestic access and benefit sharing legislation or regulatory requirements;

b)

Provide for fair and non-arbitrary rules and procedures on accessing genetic resources;

c)

Provide information on how to apply for prior informed consent;

d)

Provide for a clear and transparent written decision by a competent national authority, in a cost-effective manner and within a reasonable period of time;

e)

Provide for the issuance at the time of access of a permit or its equivalent as evidence of the decision to grant prior informed consent and of the establishment of mutually agreed terms, and notify the Access and Benefit-sharing Clearing-House accordingly;

f)

Where applicable, and subject to domestic legislation, set out criteria and/or processes for obtaining prior informed consent or approval and involvement of indigenous and local communities for access to genetic resources; and

g)

Establish clear rules and procedures for requiring and establishing mutually agreed terms. Such terms shall be set out in writing and may include, inter alia:

(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.

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