The Nagoya Protocol on Access and Benefit-sharing

Documents prepared or commissioned by the Executive Secretary

International Regime

  • Collation of Submissions Provided in Relation to Preambular Text, Definitions and Text for Inclusion in Annex II to the Report of the Eighth Meeting of the Working Group on Access and Benefit-Sharing (UNEP/CBD/WG-ABS/9/2)

  • Collation of Operative Text submitted by Parties, Governments, International Organizations, Indigenous and Local Communities and Relevant Stakeholders with respect to Nature, Traditional Knowledge associated with Genetic Resources and Capacity-Building (UNEP/CBD/WG-ABS/8/3)

  • Collation of Operative Text submitted by Parties, Governments, International Organizations, Indigenous and Local Communities and Relevant Stakeholders with respect to Nature, Traditional Knowledge associated with Genetic Resources and Capacity-Building - Addendum: Submission by Brazil on Behalf of the Group of Like Minded Megadiverse Countries and by the International Chamber of Commerce (UNEP/CBD/WG-ABS/8/3/Add.1)

  • Collation of Operative Text submitted by Parties, Governments, International Organizations, Indigenous and Local Communities and Relevant Stakeholders with respect to Nature, Traditional Knowledge associated with Genetic Resources and Capacity-Building - Addendum: Submission by the African Group (UNEP/CBD/WG-ABS/8/3/Add.2)

  • Collation of Operative Text Including related Explanations and Rationale Submitted by Parties, Governments, International Organizations, Indigenous and Local Communities and Relevant Stakeholders on Traditional Knowledge associated with Genetic Resources, Capacity and Nature (UNEP/CBD/WG-ABS/8/4)

  • Collation of Any Other Views and Information Submitted by Parties, Governments, International Organizations, Indigenous and Local Communities and Relevant Stakeholders with Respect to Nature, Traditional Knowledge Associated with Genetic Resources and Capacity-Building (UNEP/CBD/WG-ABS/8/5)

  • Collation of Any Other Views and Information Submitted by Parties, Governments, International Organizations, Indigenous and Local Communities and Relevant Stakeholders with Respect to Nature, Traditional Knowledge Associated with Genetic Resources and Capacity-Building - Addendum: Submission by the International Chamber of Commerce (UNEP/CBD/WG-ABS/8/5/Add.1)

  • Collation of Contributions Submitted by Parties, Governments, International Organizations, Indigenous and Local Communities and Relevant Stakeholders on Compliance, Fair and Equitable Benefit Sharing and Access (UNEP/CBD/WG-ABS/8/6)

  • Collation of Contributions Submitted by Parties, Governments, International Organizations, Indigenous and Local Communities and Relevant Stakeholders on Compliance, Fair and Equitable Benefit Sharing and Access - Addendum: Submission by Brazil on Behalf of the Group of Like Minded Megadiverse Countries (UNEP/CBD/WG-ABS/8/6/Add.1)

  • Collation of Contributions Submitted by Parties, Governments, International Organizations, Indigenous and Local Communities and Relevant Stakeholders on Compliance, Fair and Equitable Benefit Sharing and Access - Addendum: Submission by Mexico (UNEP/CBD/WG-ABS/8/6/Add.2)

  • Collation of Contributions Submitted by Parties, Governments, International Organizations, Indigenous and Local Communities and Relevant Stakeholders on Compliance, Fair and Equitable Benefit Sharing and Access - Addendum: Submission by Switzerland (UNEP/CBD/WG-ABS/8/6/Add.3)

  • Collation of Contributions Submitted by Parties, Governments, International Organizations, Indigenous and Local Communities and Relevant Stakeholders on Compliance, Fair and Equitable Benefit Sharing and Access - Addendum: Submission by the European Union (UNEP/CBD/WG-ABS/8/6/Add.4)

  • Collation of Operative Text Submitted by Parties, Governments, International Organizations, Indigenous and Local Communities and Relevant Stakeholders in Respect of the Main Components of the International Regime on Access and Benefit-Sharing Listed in Decision IX/12, Annex I (UNEP/CBD/WG-ABS/7/4)

  • Collation of Operative Text Submitted by Parties, Governments, International Organizations, Indigenous and Local Communities and Relevant Stakeholders in Respect of the Main Components of the International Regime on Access and Benefit-Sharing Listed in Decision IX/12, Annex I (Addendum) - Submission by Brazil on Behalf of the Group of Like-Minded Megadiverse Countries (UNEP/CBD/WG-ABS/7/4/ADD1)

  • Collation of Operative Text Submitted by Parties, Governments, International Organizations, Indigenous and Local Communities and Relevant Stakeholders in Respect of the Main Components of the International Regime on Access and Benefit-Sharing Listed in Decision IX/12, Annex I (Addendum - Submissions from Australia and Switzerland) (UNEP/CBD/WG-ABS/7/4/ADD2)

  • Collation of Operative Text Submitted by Parties, Governments, International Organizations, Indigenous and Local Communities and Relevant Stakeholders in Respect of the Main Components of the International Regime on Access and Benefit-Sharing Listed in Decision IX/12, Annex I (Addendum - Submissions from Canada and the International Indigenous Forum on Biodiversity) (UNEP/CBD/WG-ABS/7/4/ADD3)

  • Collation of Operative Text including Related Explanations and Rationale Submitted by Parties, Governments, International Organizations, Indigenous and Local Communities and Relevant Stakeholders in Respect of the Main Components of the International Regime on Access and Benefit-Sharing Listed in Decision IX/12, Annex I (UNEP/CBD/WG-ABS/7/5)

  • Collation of any Other Views and Information Submitted by Parties, Governments, International Organizations, Indigenous and Local Communities and Relevant Stakeholders in Respect of the Main Components of the International Regime on Access and Benefit-Sharing Listed in Decision IX/12, Annex I (UNEP/CBD/WG-ABS/7/6)

  • Collation of any Other Views and Information Submitted by Parties, Governments, International Organizations, Indigenous and Local Communities and Relevant Stakeholders in Respect of the Main Components of the International Regime on Access and Benefit-Sharing Listed in Decision IX/12, Annex I (Addendum) (UNEP/CBD/WG-ABS/7/6/ADD1)

  • International Regime on Access and Benefit-Sharing: Negotiation of Operational Text (UNEP/CBD/WG-ABS/7/7)

  • International Regime on Access and Benefit-Sharing: Consolidated text of the comments and proposals contained in submissions by parties, Governments and organizations regarding the international regime (UNEP/CBD/WG-ABS/4/2)

  • International Regime on Access and Benefit-Sharing: Consolidated text of the comments and proposals contained in submissions by Parties, Governments and organizations regarding the international regime (UNEP/CBD/WG-ABS/4/2/ADD1)

The concept of "genetic resources"

  • The Concept of “Genetic Resources” in the Convention on Biological Diversity and How It Relates to A Functional International Regime on Access and Benefit-Sharing (By Fridtjof Nansen Institute (FNI), Oslo, Norway) (UNEP/CBD/WG-ABS/9/INF/1)

Identification, tracking and monitoring of genetic resources

Relationship between an International Regime on ABS and other international instruments and forums

  • Study on the Relationship between an International Regime on Access and Benefit-Sharing and Other International Instruments and Forums that Govern the Use of Genetic Resources - The International Treaty on Plant Genetic Resources for Food and Agriculture and the Commission on Genetic Resources for Food and Agriculture of the Food and Agriculture Organization of the United Nations (UNEP/CBD/WG-ABS/7/INF/3/PART1)

  • Study on the Relationship between an International Regime on Access and Benefit-Sharing and Other International Instruments and Forums that Govern the Use of Genetic Resources - The World Trade Organization (WTO); the World Intellectual Property Rights Organization (WIPO); and the International Union for the Protection of New Varieties of Plants (UPOV) (UNEP/CBD/WG-ABS/7/INF/3/PART2)

  • Study on the Relationship between an International Regime on Access and Benefit-Sharing and Other International Instruments and Forums that Govern the Use of Genetic Resources - The Antarctic Treaty System (ATS) and the United Nations Convention on the Law of the Sea (UNCLOS) (UNEP/CBD/WG-ABS/7/INF/3/PART3)

Real and transactional costs involved in the process of access to justice across jurisdictions

  • Comparative Study of the Real and Transactional Costs involved in the Process of Access to Justice Across Jurisdictions (UNEP/CBD/WG-ABS/7/INF/4)

Compliance and customary law

  • Study on Compliance in Relation to the Customary Law of Indigenous and Local Communities, National Law, across Jurisdictions, and International Law (UNEP/CBD/WG-ABS/7/INF/5)

Analysis of gaps

  • Analysis of Gaps in Existing National, Regional and International Legal and Other Instruments Relating to Access and Benefit-Sharing (UNEP/CBD/WG-ABS/5/3)

  • Analysis of existing national, regional and international legal instruments relating to access and benefit-sharing and experience gained in their implementation, including identification of gaps (UNEP/CBD/WG-ABS/3/2)

Recent developments at national, regional and international levels

  • Overview of Recent Developments at National and Regional Levels Relating to Access and Benefit-Sharing (UNEP/CBD/WG-ABS/5/4)

Use of terms

  • Further Consideration of Outstanding Issues Related to Access and Benefit-sharing: Use of Terms, Definitions and/or Glossary, as Appropriate (UNEP/CBD/WG-ABS/4/7)

  • Further Consideration of Outstanding Issues Related to Access and Benefit-sharing: Use of Terms, Definitions and/or Glossary, as Appropriate (Corrigendum) (UNEP/CBD/WG-ABS/4/7/CORR1)

  • Further consideration of outstanding issues related to access and benefit-sharing: use of terms, definitions and/or glossary, as appropriate (UNEP/CBD/WG-ABS/3/4)

Measures to support compliance with PIC and MAT

  • Measures to Support Compliance With Prior Informed Consent of the Contracting Party Providing Genetic Resources and Mutually Agreed Terms on Which Access Was Granted, In Contracting Parties With Users of Such Resources Under their Jurisdiction: List of relevant documentation circulated in other forums (UNEP/CBD/WG-ABS/4/INF/1)

  • Analysis of measures to ensure compliance with prior informed consent of the contracting party providing genetic resources and mutually agreed terms on which access was granted, and of other approaches, including an international certificate of origin/source/legal provenance (UNEP/CBD/WG-ABS/3/5)

Internationally recognized certificate of origin/source/legal provenance

  • Consideration of an Internationally Recognized Certificate of Origin/Source/Legal Provenance (UNEP/CBD/GTE-ABS/1/2)

Legal certainty

  • Summary Analysis: Legal Certainty for Users of Genetic Resources under Existing Access and Benefit-Sharing (ABS) Legislation and Policy (IUCN-Canada) (UNEP/CBD/WG-ABS/3/INF/10)

Administrative and judicial remedies

  • Analytical Study on Administrative and Judicial Remedies Available in Countries with Users under Their Jurisdiction and in International Agreements (IUCN-Canada) (UNEP/CBD/WG-ABS/5/INF/3)

Commercial use of genetic resources and ABS arrangements

  • The Commercial Use of Biodiversity: An Update on Current Trends in Demand for Access to Genetic Resources and Benefit-sharing, and Industry Perspectives on ABS Policy and Implementation (By Sarah A. Laird and Rachel Wynberg) (UNEP/CBD/WG-ABS/4/INF/5)

Both reports and related case studies have been combined in CBD Technical Series #38: Access and Benefit-sharing in Practice: Trends in Partnerships across Sectors

Misappropriation of genetic resources and associated traditional knowledge

  • Analysis of Claims of Unauthorised Access and Misappropriation of Genetic Resources and Associated Traditional Knowledge (IUCN-Canada) (UNEP/CBD/WG-ABS/4/INF/6)

Legal status of genetic resources

  • Report on the Legal Status of Genetic Resources in National Law, Including Property Law, Where Applicable, in a Selection of Countries (By Kent Nnadozie) (UNEP/CBD/WG-ABS/5/5)