The Implementation of ‘Access and Benefit-sharing’ in Five eu Member States: The Achievements and Deficiencies of the Nagoya Protocol and the eu Regulation 511/2014

Abstract

The Nagoya Protocol of 2010 on Access and Benefit-sharing and the related European Regulation 511/2014 provide an answer to the question how access to genetic resources may be ensured. However, the eu itself as well as several eu member states struggle with the implementation of the protocol (and the regulation). This article analyses the difficulties encountered at the European and the national level (in five member states) with the implementation of the Nagoya Protocol obligations. It concludes that, although the Nagoya Protocol is an important step forward for the protection of biodiversity and the fight against biopiracy, it clearly is a compromise text, with all the issues arising therefrom. Also Regulation 511/2014 drops a few stiches in the clear delineation of obligations. However, on the national level this does not lead to extremely discrepant national enforcement mechanisms, at least within the five reviewed member states.

Intellectual Property Rights and Ethnobiology: An Update on Posey's Call to Action

“…Additionally, the application of the Nagoya Protocol to goods whose permit had been obtained prior to 2014 has been left to national policy, exposing a wide array of genetic resources to the possibility of unjust access to benefit sharing (UNCTAD 2014). Furthermore, ethnobiologists and other researchers have commented that the Nagoya Protocol, at times, hinders research: inconsistent implementation across countries and legal ambiguity in the document may deter researchers who are genuinely seeking to conserve local knowledge, support land rights claims, or revitalize traditional food systems (Cho 2017; Vanheusden and Van den Berghe 2017). Others criticize the Nagoya Protocol for impeding research with potential benefits to global health (Cressey 2017).…”

Bioprospecting Wild Biodiversity in Romania: Case Study - Gentiana lutea

“…Some of them are common species and others are rare, endangered species that need conservation measures to be in place for their protection. It was recorded an increasing demand for plant species accession for research, development and innovation purposes (B. VANHEUSDEN & G. VAN DEN BERGHE [8]).…”