Nagoya Protocol
Supplementary agreement implementing fair benefit-sharing from genetic resources.
The Nagoya Protocol is a 2010 agreement that builds on the 1992 Convention on Biological Diversity (CBD). Its full name is the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the Convention on Biological Diversity, often shortened to the Nagoya Protocol on Access and Benefit Sharing (ABS). The protocol focuses on one of the CBD’s three main goals: making sure that when genetic resources are used, the benefits are shared fairly and equitably. This is meant to support the conservation and sustainable use of biodiversity. The agreement requires countries that sign on to take specific steps regarding who can access genetic resources, how benefits are shared, and how to ensure compliance with the rules.
The protocol was adopted on 29 October 2010 in Nagoya, Japan, and became legally binding on 12 October 2014. By August 2025, 142 parties—141 UN member states plus the European Union—had ratified it. In practice, the protocol gives each country sovereign control over its own biological resources, making biopiracy illegal. However, some critics worry that the extra bureaucracy and regulations could harm efforts to monitor and collect biodiversity, slow down conservation work, hinder the global response to infectious diseases, and create obstacles for research.
**Aims and scope** The Nagoya Protocol covers genetic resources that fall under the CBD, as well as the benefits that come from using them. It also applies to traditional knowledge linked to those genetic resources and the benefits arising from that knowledge. The core aim is to put into practice one of the CBD’s three objectives: fair and equitable benefit-sharing from the use of genetic resources, which in turn helps conserve and sustainably use biodiversity.
**Adoption and ratification** The protocol was adopted on 29 October 2010 in Nagoya, Japan, during the tenth meeting of the Conference of the Parties (18–29 October 2010), and it entered into force on 12 October 2014. In 2016, the parties decided to look into whether digital sequence information (DSI) should be included in the Nagoya framework. If the Access and Benefit-Sharing (ABS) approach were applied to DSI, it would have seriously disrupted the International Nucleotide Sequence Database Collaboration, where all data is free and open. A multilateral framework for
- Adopted
- 29 October 2010
- Entered into force
- 12 October 2014
- Parties (as of August 2025)
- 142 (141 UN member states and the European Union)
- Field
- International environmental law, biodiversity, genetic resources
- Known for
- Establishing sovereignty rights over biological resources and making biopiracy illegal
Quick Facts
- Long Name
- Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the Convention on Biological Diversity
- Date Signed
- 29 October 2010
- Location Signed
- Nagoya, Japan
- Date Effective
- 12 October 2014
- Condition Effective
- 50 ratifications
- Signatories
- 92
- Parties
- 142
- Depositor
- Secretary-General of the United Nations
- Languages
- Arabic, Chinese, English, French, Russian and Spanish
Facts from the source article.
Lore & Background
Compliance obligations are a significant innovation, requiring parties to ensure genetic resources utilized within their jurisdiction have been accessed lawfully, to cooperate on alleged violations, and to monitor use through checkpoints at every stage of the value chain. The protocol also includes provisions for national focal points, an Access and Benefit-sharing Clearing-House, and capacity-building. The European Union has ratified a regulation to implement the protocol, requiring scientists to file Due Diligence Declarations and obtain prior informed consent and mutually agreed terms documentation.
Reader's Guide
The Nagoya Protocol represents a major development in international biodiversity law, operationalizing the fair and equitable sharing of benefits from genetic resources, a core objective of the Convention on Biological Diversity. By granting countries sovereignty over their biological resources and making biopiracy illegal, it aims to prevent exploitation and promote conservation. However, its implementation has generated significant controversy. Concerns have been expressed that the added bureaucracy and legislation could be damaging to the monitoring and collection of biodiversity, to conservation, to the international response to infectious diseases, and to research. Many scientists have voiced concern over the increased red tape, fearing it will hamper disease prevention and conservation efforts. Developing countries have refused to issue permits for basic biodiversity research unrelated to bioprospecting, and scientists worry that threats of possible imprisonment will have a chilling effect on research. Non-commercial biodiversity researchers and institutions such as natural history museums fear maintaining biological reference collections and exchanging material between institutions will become difficult. The bilateral transfer framework of the Nagoya Protocol also has low throughput compared to multilateral systems like the International Treaty on Plant Genetic Resources for Food and Agriculture. The parties decided in 2016 to consider the inclusion of digital sequence information (DSI) in the framework, and a multilateral framework for DSI was established in COP 15 (2022), decoupling access from benefit-sharing.
Did You Know?
- The protocol was adopted on 29 October 2010 in Nagoya, Japan, and entered into force on 12 October 2014.
- As of August 2025, it has been ratified by 142 parties, including 141 UN member states and the European Union.
- The protocol gives each country sovereignty rights over its biological resources, making biopiracy illegal.
- Concerns have been expressed that the added bureaucracy could damage biodiversity monitoring, conservation, and the international response to infectious diseases.
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