Von Biopiraterie zu Austausch und Kooperation Das Protokoll von Nagoya über Zugang zu genetischen Ressourcen und gerechten Vorteilsausgleich

Genetic resources and traditional knowledge associated with genetic resources are not common good of mankind but subject to sovereign rights of those states which host the resource. Resource states are entitled to regulate access and determine the utilization and benefit sharing on mutually agreed terms. If they pose over-restrictive demands in this respect research and development will be hindered at the disadvantage of both user and resource states. If they are lenient the already long-standing biopiracy by user states will be perpetuated. In this situation the Nagoya Protocol of October 2010 lays out more specific rules providing for a fairer deal. This article sketches out the historical background of the Protocol, summarises its content, assesses its results and develops proposals for its implementation by domestic legislation and transnational research and development activities. It concludes that the Protocol strikes a balance which suggests it for ratification by all states. Awaiting this both provider and user states should start already now to introduce legislation to create a basis for unhindered access and well designed obligations of benefit sharing. In addition, rules on access and benefit sharing should be adopted by research organizations and industrial enterprises in order to build trust with provider states and their researchers and developers.