Access and Benefit Sharing (ABS), Principles, Nagoya Protocol

Access and Benefit Sharing (ABS) is a principle under biodiversity governance that ensures that when biological resources (like plants, animals, microbes) or traditional knowledge are used, the benefits arising from their use are shared fairly with the local communities or countries that own them.

India has submitted its first national report on the implementation of the Nagoya Protocol to the Convention on Biological Diversity, highlighting the country’s progress in ensuring fair and equitable sharing of benefits arising from the use of biological resources. The report showcases India’s strong legal and institutional framework, particularly under the Biological Diversity Act, 2002, and its efforts to promote sustainable use and conservation of biodiversity.

Access and Benefit Sharing (ABS) Background

The concept of ABS gained global importance with the adoption of the Convention on Biological Diversity (CBD) during the Rio Earth Summit 1992.

Earlier, biological resources were treated as the “common heritage of mankind,” but this led to exploitation by developed countries. ABS changed this approach by recognizing sovereign rights of nations over their biological resources. 

Later, the Nagoya Protocol strengthened the ABS mechanism globally.

Access and Benefit Sharing (ABS) Key Principles

Access and Benefit Sharing (ABS) is based on the following core principles:

• Prior Informed Consent (PIC): Permission must be taken before accessing biological resources.
• Mutually Agreed Terms (MAT): Terms for benefit sharing must be decided between users and providers.
• Fair and Equitable Sharing: Benefits (monetary and non-monetary) must be shared fairly.
• Sustainable Use: Resources should be used without harming biodiversity.

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About Nagoya Protocol

The Nagoya Protocol is an international agreement under the Convention on Biological Diversity that provides a legal framework for fair and equitable sharing of benefits arising from the use of genetic resources. It strengthens Access and Benefit Sharing (ABS) by ensuring that countries and communities receive benefits when their biodiversity is used.

• Adopted in 2010 (Nagoya, Japan): Came into force in 2014 to operationalize ABS globally.
• Objective:
  • Fair and equitable sharing of benefits from genetic resources
  • Conservation of biodiversity
  • Sustainable use of its components
• Scope:
  • Covers genetic resources and traditional knowledge associated with them
  • Applies to research, biotechnology, pharmaceuticals, agriculture, etc.
• Prior Informed Consent (PIC):
  • Users must obtain permission from the provider country before accessing resources
• Mutually Agreed Terms (MAT):
  • Terms of benefit sharing must be negotiated and agreed upon
• Benefit Sharing Mechanism:
  • Includes both monetary (royalties, fees) and non-monetary (technology transfer, training) benefits
• Compliance Measures:
  • Countries must ensure that users within their jurisdiction follow ABS rules
• Traditional Knowledge Protection:
  • Recognizes rights of indigenous and local communities over their knowledge
• Access and Benefit-Sharing Clearing-House (ABS-CH):
  • A global platform for sharing information related to ABS
• National Implementation:
  • Countries must create laws and institutions to implement ABS (e.g., India’s Biological Diversity Act, 2002)
• Global Significance:
  • Prevents biopiracy and promotes fairness between developed and developing countries

About  Biological Diversity Act 2002

The Biological Diversity Act, 2002 is India’s key law for the conservation of biological diversity, sustainable use of its components, and fair sharing of benefits arising from biological resources.

• Objectives:

• • Conservation of biodiversity
  • Sustainable use of biological resources
  • Fair and equitable sharing of benefits (ABS)
• Three-Tier Institutional Structure:
  • National Biodiversity Authority (NBA) – National level
  • State Biodiversity Boards (SBBs) – State level
  • Biodiversity Management Committees (BMCs) – Local level
• Regulation of Access:
  • Foreign individuals and companies must take approval from NBA
  • Indian entities need permission from State Biodiversity Boards
• Access and Benefit Sharing (ABS):
  • Ensures benefits are shared with local communities
  • Funds go to Local Biodiversity Fund (LBF)
• Protection of Traditional Knowledge:
  • Safeguards indigenous knowledge from misuse and biopiracy
• Biodiversity Registers:
  • Preparation of People’s Biodiversity Registers (PBRs) at local level
• Restrictions on IPR (Intellectual Property Rights):
  • Prior approval of NBA required before applying for patents based on biological resources
• Offences and Penalties:
  • Violations can lead to fines and imprisonment
• Exemptions:
  • Local communities using resources for traditional purposes are exempted