The Negotiating History of the Nagoya Protocol on ABS: Perspective from Japan

Ryo Kohsaka

日本知財学会誌 Vol.9 No.1 p.56-66 (2012-9-20)
Journal of Intellectual Property Association of Japan Vol.9 No.1 p.56-66（2012-9-20）

<Abstract>
The adoption of 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 was intensely negotiated during the tenth meeting of the Conference of Parties to the Convention on Biological Diversity (COP10). The agreement of socalled “Nagoya Protocol on Access and Benefit-Sharing” is an important milestone for international environmental law and the Convention on Biological Diversity. This paper reviews the history of the negotiations of the Nagoya Protocol and considers the balance between the sovereign rights of states over their natural resources and the public benefits of the products derived from these resources. Current discussions on benefit-sharing of genetic resources and intellectual property rights under the CBD and other relevant international fora are examined as part of this discussion.

<Keywords>
Convention on Biological Diversity, Genetic Resources, Access and Benefit-Sharing, Intellectual Property Rights