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Nagoya Protocol
The Nagoya Protocol is an international legal framework that enables equitable sharing of genetic material. Researchers who use non-human genetic resources have a legal obligation to comply with the Nagoya Protocol.
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Is my research within the scope of the Nagoya Protocol?
Compliance with the Nagoya Protocol applies to the University, individual researchers and any other any company, including spin out companies conducting research and development on the biochemical or genetic properties of genetic resources and/or associated Traditional Knowledge (aTK) where all the below conditions are met.
- the genetic resources and/or aTK was accessed on or after 12 October 2014; and
- the genetic resources and/or aTK was accessed from a country which is party to the Nagoya Protocol and has applicable ABS (Access and Benefit Sharing) legislation; and
- the utilisation is taking place within the UK.
For further information on the Nagoya Protocol, including the Gov.uk website, please see Resources
- Exemptions to the Nagoya Protocol?
- Human genetic resources
- Genetic resources governed by specialised international instruments e.g. Pandemic influenza Preparedness (PIP) Framework, International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA)
For further information on the Nagoya Protocol, including the Gov.uk website, please see Resources
- What is required of me?
If your research is within the scope of the Nagoya Protocol, your obligations can be summarised as:
- Exercise Due Diligence
- Seek, keep and transfer all corresponding documentation and correspondence for a minimum of 20 years
- Submit Due Diligence Declaration (DDD) – upon initial receipt of research funding
- Submit Due Diligence Declaration (DDD) – stage of final product development
Further information on your obligations can be found on the Gov.uk website, please see Resources
The UK Government undertake audits of organisations and their genetic resources to confirm compliance with the Nagoya Protocol.
Penalties for non-compliance may include:
- Warning Letter
- Compliance/Stop Notice
- Variable Monetary Penalties
- Court Action
- Publishing of Sanctions (Legally required)
- Resources
Any queries in relation to Nagoya Protocol, please email nagoya@qub.ac.uk