Access and benefit sharing

The Nagoya Protocol (ABS, Access and Benefit Sharing 46/2016), under the Convention on Biological Diversity (Biodiversity Convention, 78/1994), is an international agreement, the objective of which is to promote the accessibility of genetic resources in the world and the fair and equitable sharing of benefits arising from their utilisation between those offering the genetic resources and those using them. The main principle in the Protocol is that states have sovereign rights over the genetic resources found within their national jurisdiction, and that they can set conditions for access to such resources for research and development.

If the country providing the genetic resources and the related traditional knowledge so requires, the users must apply for Prior Informed Consent (PIC, FPIC i.e. Free Prior Informed Consent with regard to the traditional knowledge) and negotiate Mutually Agreed Terms (MAT) before the genetic resources are acquired and utilised for research and/or development activities. The objective is to promote protection of biodiversity and sustainable use of natural resources.

The Nagoya Protocol entered into force in 2014. Finland approved the Protocol on 3 June 2016 and became a contract party on 1 September 2016, on which date the national acts also came into force. These acts are putting into force the regulations of legislation related to the Nagoya Protocol concerning the convention related to biological diversity (393/2016) and the act on putting into force the Nagoya Protocol related to the convention concerning biological diversity (genetic resources act, 394/2016) also came into force. The European Union is also a party to the protocol.