Supplementary agreement to the 1992 Convention on Biological Diversity (CBD)
Adopted on 29 October 2010 in Nagoya, Japan
Entered into force on 12 October 2014
92 signatory parties
114 ratified members
INCLUSIVE OF AND BEYOND PRIMARY PLANT CROPS⁄FEEDSTOCKS
26% of all new approved drugs over the last 30 years are either natural products or have been derived
from a natural product.
Aloe vera for dermatological disorders and antineoplastic agents; Ginkgo biloba for nervous system
disorders; Taxus brevifolia (Pacific yew) for antineoplastic agents; Cannabis sativa (cannabis) for nervous
system disorders; Camellia sinensis (tea) for antineoplastic agents and anti-infectives; Panax ginseng
for a range of agents including antineoplastic agents; Vitis vinifera (grape vine) for dermatological
disorders; Momordica charantia (Bitter melon) for antineoplastic agents and hyperglycaemia; Curcuma
longa (turmeric) for antineoplastic and dermatological disorders;Glycyrrhiza glabra (Liquorice) for
dermatological disorders; Glycine max (soybean) for urinary system disorders; Centella asiatica
(Indian pennywort) for dermatological and anorexiant⁄anti-obesity agents; Hypericum perforatum
(St. Johns wort) for antidepressants and anxiolytics;Camptotheca acuminata (the Chinese happy tree
or cancer tree) for antineoplastic, antiviral and anti-parasitic agents; Zea mays (maize), in connection
with anti-infectives, and Rosmarinus officinalis (rosemary) for dermatological disorders.
'Requirements on access and benefit-sharing (ABS)'
Access obligations
- Create legal certainty, clarity and transparency
- Provide fair and non-arbitrary rules and procedures
- Establish clear rules and procedures for prior informed consent and mutually agreed terms
- Provide for issuance of a permit or equivalent when access is granted
- Create conditions to promote and encourage research contributing to biodiversity conservation
- Pay due regard to cases of present or imminent emergencies that threaten human, animal or plant health
- Consider the importance of genetic resources for food and agriculture for food security
Benefit-sharing obligations
Benefit-sharing measures are to provide for the fair and equitable sharing of benefits arising from the
utilization of genetic resources with the contracting party providing genetic resources. Utilization includes
research and development on the genetic or biochemical composition of genetic resources, as well as
subsequent applications and commercialization. Sharing is subject to mutually agreed terms. Benefits
may be monetary or non-monetary such as royalties and the sharing of research results.
Compliance obligations
Domestic legislation or regulatory requirements of the contracting party providing genetic resources,
and contractual obligations reflected in mutually agreed terms, are a significant innovation of the Nagoya Protocol.
Contracting Parties are to:
- Ensure genetic resources utilized have been accessed in accordance with prior informed consent
- Cooperate in cases of alleged violation of another contracting party’s requirements
- Encourage contractual provisions on dispute resolution in mutually agreed terms
- Ensure opportunity to seek recourse under their legal systems when disputes arise
- Monitor utilization of genetic resources across the value-chain: research, development, innovation,
re-commercialization or commercialization