Protection of the Associated Traditional Knowledge on Genetic Resources: Beyond the Nagoya Protocol

Abstract

Abstract One of the objectives of the Convention on Biological Diversity (CBD) is the fair and equitable sharing of benefits arising out of the utilisation of genetic resources. It addresses traditional knowledge of the indigenous or local communities associated with genetic resources with provisions on access, benefit-sharing (ABS) and compliance, as enshrined under Article 8(j) and Article 15 of CBD. The 2010 Nagoya Protocol is a supplementary agreement to CBD by providing a transparent legal framework for the effective implementation of ABS, which is a cornerstone of CBD. To ensure its success, the Nagoya Protocol requires effective implementation of ABS measures at the domestic level to provide for the fair and equitable sharing of benefits arising from the utilization of genetic resources, which is crucial for mega bio diverse countries like Malaysia, with the contracting party providing such genetic resources. This study embarked to examine the obligations set by the Nagoya Protocol on the parties to CBD to implement ABS by taking legislative, administrative and policy (LAP) measures at the domestic level. The findings reveal the core obligations laid down by the Nagoya Protocol for its contracting parties to take appropriate LAP measures to protect traditional knowledge and to sustainably manage and use their biodiversity.