Not every plant, animal or type of utilization falls under the Nagoya Protocol.
Every research project in which biological material plays a role could, however, potentially be subject to the provisions of the Nagoya Protocol.
FAQ – Scope of Application
Genetic resources contain genetic material of actual or potential value. Genetic material includes all material of plant, animal, microbial or other origin containing functional units of heredity that have actual or potential value, or derivatives. Traditional knowledge is the knowledge, know-how and practice of indigenous and local communities that is relevant to the utilization of genetic resources.
If you acquired the genetic resource/traditional knowledge after October 12, 2014, it generally falls under the scope of the Nagoya Protocol.
Did you acquire the resource/knowledge in a country that is a contracting party to the Nagoya Protocol? If so, then you must comply with the Protocol requirements. If the provider country is not a contracting party to the Nagoya Protocol, but has enacted its own access requirements, then you must comply with those.
Genetic resources originating in Germany are currently not subject to any further German legal provisions with respect to access or transfer.
The Nagoya Protocol has been implemented throughout the European Union and applies to the utilization of genetic resources within the territory of the EU. For use outside the EU, please comply with the provisions applicable there.
If you do not directly acquire the genetic resource and/or traditional knowledge by collecting, exchanging, buying or acquiring it in some other way in the provider country, but instead use an intermediary, special considerations may apply.
- Human genetic resources
- Genetic resources covered by specific legislation, e.g. International Treaty on Plant Genetic Resources for Food and Agriculture
- Genetic resources that were obtained before October 12, 2014 (i.e. before the Nagoya Protocol entered into force)
- Genetic resources from countries that have not ratified the Nagoya Protocol (e.g. USA, Chile or Russia) or from regions outside national jurisdictions (e.g. the high seas).
Am I a user?
A user is any person who utilizes a genetic resource and/or associated traditional knowledge. Utilization is defined as conducting research and development on the genetic and/or biochemical composition of genetic resources, including through the application of biotechnology.
FAQ – Users
No. Someone who only possesses or transfers a genetic resource and/or associated traditional knowledge is not a user. Such a person can, however, be bound by contractual obligations related to obtaining access.
No. Not even then. Someone who markets products that were developed based on the use of genetic resources and/or associated traditional knowledge is also not a user. Such a person can, however, also be bound by contractual obligations related to obtaining access.
Yes, if you conduct research on the genetic resource or associated traditional knowledge.
No. The utilization of genetic information obtained from gene sequencing does not currently fall under the Nagoya Protocol.
Brief Overview
Check here to determine whether the utilization of genetic resources/associated traditional knowledge in your research project falls under the Nagoya Protocol.
