The Nagoya Protocol: Legal Protections for Genetic Resources and Ramifications for Aquatic Science

Abstract

Over the last few decades, there has been a paradigm shift in the regulation of genetic resources. The rapid development of biotechnology and the concomitant rise in the sustainability and conservation movements fueled the political will to protect against the exploitation of biodiversity resources. The Nagoya Protocol was specifically drafted to provide legal clarity on access and benefit sharing procedures to promote the fair and equitable sharing of benefits arising out of the utilization of genetic resources. It may have an impact on how ASLO members conduct their research as the legislation covers the collection, distribution, and use of a broad class of biological and environmental material. Though the Nagoya Protocol went into effect in 2014, many researchers and institutions are still not aware of its existence or its breadth. This article is intended to provide ASLO members with an overview of the Nagoya Protocol, how it may affect their research, and ways in which to ensure compliance with it.