The Nagoya Protocol, adopted under the Convention on Biological Diversity, operationalises equitable sharing of benefits arising from genetic resources — a critical instrument balancing sovereign rights of biodiversity-rich nations against demands of global biotechnology industries.
The Protocol establishes legally binding obligations requiring that users of genetic resources share benefits — monetary or non-monetary — with provider countries. This directly addresses 'biopiracy,' where commercial entities exploit biological wealth without compensating source nations or communities.
Before accessing genetic resources, users must obtain Prior Informed Consent from the provider country's competent national authority. This empowers sovereign nations to regulate access, ensuring that exploitation of biodiversity is neither unilateral nor covert.
Contrary to a common misconception, the Protocol explicitly extends its scope to traditional knowledge associated with genetic resources held by indigenous and local communities. This inclusion recognises that such knowledge often guides commercial bioprospecting and deserves commensurate protection and benefit-sharing.
India, a megadiverse country, operationalises ABS obligations through the Biological Diversity Act and its National Biodiversity Authority. Benefit-sharing agreements and People's Biodiversity Registers attempt to document and protect community-level genetic heritage, though enforcement gaps persist.
Effective implementation of the Nagoya Protocol demands robust national legislation, institutional capacity, and international compliance mechanisms. Bridging the gap between treaty obligations and ground-level enforcement remains the defining governance challenge for biodiversity-rich developing nations.
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