Nagoya Protocol Explained: How It Protects Biodiversity, Genetic Resources and Local Communities
India’s National Biodiversity Authority has disbursed ₹1.19 crore to 29 State Biodiversity Boards and one Union Territory Biodiversity Council under the Access and Benefit-Sharing mechanism. The development highlights a fundamental question in biodiversity governance: when companies, researchers or other organisations benefit from a country’s biological resources and traditional knowledge, who should receive a share of those benefits? The Nagoya Protocol provides an international framework for answering that question.
Key Highlights
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Why Is the Nagoya Protocol in the News?
The Nagoya Protocol has returned to attention following a disbursement by India's National Biodiversity Authority under the Access and Benefit-Sharing (ABS) mechanism.
The NBA distributed ₹1.19 crore to 29 State Biodiversity Boards and one Union Territory Biodiversity Council to support biodiversity conservation and the sustainable use of biological resources.
The development is significant because biodiversity protection involves more than conserving forests, wildlife and ecosystems.
It also involves determining who has the right to access biological resources, who may use them for research or commercial purposes, and how the resulting benefits should be shared.
Consider a pharmaceutical company that develops a valuable medicine using a plant found in a biodiversity-rich region.
The company may benefit commercially from the plant's genetic or biochemical properties.
But the biological resource may have been conserved for generations by local communities, and knowledge about its medicinal properties may have originated from traditional practices.
This raises an important question:
Should the commercial user alone receive the benefits, or should the country and communities associated with the resource also receive a fair share?
The Nagoya Protocol addresses this issue through internationally agreed principles for access to genetic resources and fair and equitable benefit-sharing.
India's ABS mechanism is part of its domestic effort to implement these principles.
What Is the Convention on Biological Diversity (CBD)?
The Convention on Biological Diversity (CBD) is an international environmental treaty concerned with the conservation of biodiversity, sustainable use of its components and equitable sharing of benefits arising from genetic resources.
It emerged from the United Nations Conference on Environment and Development, commonly known as the Rio Earth Summit, held in Brazil in 1992.
The same summit also gave rise to the United Nations Framework Convention on Climate Change (UNFCCC).
The CBD entered into force in 1993. India became a party in 1994.
The Three Objectives of the CBD
The CBD rests on three interrelated objectives.
Objective | What It Means |
Conservation of biological diversity | Protecting species, genetic diversity and ecosystems |
Sustainable use of biodiversity | Using biological resources without undermining their long-term availability |
Fair and equitable benefit-sharing | Ensuring benefits from the utilisation of genetic resources are shared fairly |
These objectives demonstrate that the CBD is not solely about preventing extinction or protecting wildlife habitats.
It also addresses how biological resources are used and who benefits from their utilisation.
What Did Countries Agree to Under the CBD?
The supplied account identifies three broad areas of agreement.
First: Halt indiscriminate use.
The uncontrolled exploitation of biological resources must be addressed because it can damage ecosystems and threaten long-term biodiversity.
Second: Regulate sustainable use.
Biological resources may be used for legitimate purposes, including medicine, agriculture and research, but their use must be sustainable.
Third: Reward those who protect biodiversity.
People and communities that help conserve and maintain biological resources should benefit appropriately when those resources generate value.
These principles connect conservation with fairness and sustainable development.
Why Is the CBD Important for Developing Countries?
Many developing countries contain exceptionally rich biodiversity.
Their forests, wetlands, mountains, agricultural landscapes and marine ecosystems support biological resources of potential scientific and commercial value.
These resources can be useful in sectors such as:
Pharmaceuticals and traditional medicine.
Agriculture and crop improvement.
Biotechnology.
Cosmetics and personal-care products.
Food production.
Scientific research.
However, countries and communities that conserve biological resources may not automatically receive benefits when those resources are used commercially elsewhere.
The CBD recognises national sovereignty over natural resources and provides a framework for regulating access to genetic resources.
Its benefit-sharing objective seeks to prevent situations in which valuable biological resources are utilised without appropriate arrangements for the countries and communities concerned.
This concern is particularly relevant where traditional knowledge contributes to identifying or using a biological resource.
What Is the Nagoya Protocol?
The Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from Their Utilization is a supplementary agreement to the CBD.
It was adopted in Nagoya, Japan, in 2010, and entered into force on 12 October 2014.
The Protocol provides a framework for implementing the CBD's third objective: fair and equitable sharing of benefits arising from the utilisation of genetic resources.
It addresses the relationship between those who provide genetic resources and those who use them.
What Does the Nagoya Protocol Require?
The Protocol establishes principles concerning:
Access to genetic resources: Access should take place in accordance with applicable national laws and requirements.
Prior informed consent: Where required, users must obtain the appropriate consent before accessing genetic resources.
Mutually agreed terms: Providers and users establish agreed conditions governing access and benefit-sharing.
Fair and equitable benefit-sharing: Benefits arising from utilisation should be shared according to applicable requirements and agreed terms.
Compliance: Parties establish measures concerning compliance with relevant access and benefit-sharing requirements.
The framework also addresses traditional knowledge associated with genetic resources, including relevant rights and interests of Indigenous peoples and local communities.
Why Is the Nagoya Protocol Necessary?
Without appropriate benefit-sharing arrangements, biological resources and associated knowledge may generate substantial value without corresponding benefits reaching their providers or custodians.
The Nagoya Protocol seeks to establish clearer legal expectations.
It encourages access for legitimate research and commercial use while ensuring that benefits are shared fairly.
The objective is not to prohibit the use of genetic resources.
Rather, it is to make access and utilisation more transparent, lawful and equitable.
What Is Access and Benefit-Sharing (ABS)?
Access and Benefit-Sharing (ABS) is the mechanism through which access to genetic resources is regulated and benefits from their utilisation are shared.
It can operate at both domestic and international levels.
For example, a company may seek access to genetic resources found in another country for pharmaceutical research.
The provider country may require the company to comply with its access rules and agree to benefit-sharing conditions.
Where applicable, benefits may also be directed towards communities associated with the resources or related traditional knowledge.
How Does ABS Work?
Step 1 — Resource identification: A researcher or commercial organisation identifies a genetic resource of potential value.
Step 2 — Access requirements: The user determines the applicable national rules and permissions.
Step 3 — Consent and agreement: Prior informed consent and mutually agreed terms are obtained where required.
Step 4 — Research or commercial utilisation:The resource is studied or used for an authorised purpose.
Step 5 — Benefit-sharing: Benefits are shared according to the applicable legal requirements and agreed conditions.
What Types of Benefits Can Be Shared?
Benefits may be monetary or non-monetary.
Monetary Benefits | Non-Monetary Benefits |
Royalties | Research collaboration |
Licence fees | Technology transfer |
Agreed payments | Training and capacity-building |
Commercial revenue-sharing | Sharing research findings |
Contributions to conservation mechanisms | Scientific and technical cooperation |
The specific form of benefit-sharing depends on the applicable legal framework and agreement.
ABS is intended to connect the utilisation of biodiversity with conservation, sustainable use and fairness.
6. Who Benefits From the Nagoya Protocol?
The Protocol's framework is designed to benefit several stakeholders.
Biodiversity-Rich Countries
Countries providing genetic resources can establish lawful access conditions and obtain a fair share of benefits arising from their utilisation.
Indigenous Peoples and Local Communities
Communities associated with genetic resources and traditional knowledge may receive benefits in accordance with applicable legal requirements.
Their contribution is especially important where knowledge of medicinal plants, agricultural varieties or other biological resources has been maintained across generations.
Researchers and Companies
Users of genetic resources benefit from clearer access procedures and agreed legal conditions.
This can reduce uncertainty and support legitimate research and commercial activity.
Conservation Institutions
Benefit-sharing can provide resources for biodiversity conservation, sustainable management and institutional capacity-building.
Future Generations
By linking utilisation with conservation, the framework aims to support the continued availability of biological diversity.
However, benefits do not necessarily flow automatically to every community associated with a resource. Their distribution depends on the applicable legal arrangements, institutional mechanisms and benefit-sharing terms.
Cartagena Protocol vs Nagoya Protocol: What Is the Difference?
The CBD has given rise to two major supplementary agreements discussed in the supplied material:
Cartagena Protocol on Biosafety
Nagoya Protocol on Access and Benefit-Sharing
Both take their names from locations associated with their negotiation or adoption.
Although they operate under the CBD, they address different issues.
Cartagena Protocol on Biosafety
The Cartagena Protocol entered into force in 2003.
It seeks to ensure the safe handling, transport and use of living modified organisms (LMOs) resulting from modern biotechnology that may adversely affect biological diversity, taking account of risks to human health.
Genetically modified crops are one relevant example of biotechnology applications that may raise biosafety questions.
The supplied account notes that such crops can potentially affect natural ecosystems in ways that may not be fully understood and refers to cultivation on segregated farms as a precaution.
However, segregation is not a universal rule applying to every genetically modified crop in every country. Specific cultivation and containment requirements depend on the organism, risk assessment and applicable regulatory framework.
Nagoya Protocol on ABS
The Nagoya Protocol entered into force in 2014.
It addresses access to genetic resources and fair and equitable sharing of benefits arising from their utilisation.
Pharmaceutical research involving genetic resources is one example of the type of activity that may fall within its framework.
Cartagena vs Nagoya: Comparison
Feature | Cartagena Protocol | Nagoya Protocol |
Parent treaty | CBD | CBD |
Entered into force | 2003 | 2014 |
Main subject | Biosafety | Access and Benefit-Sharing |
Primary concern | Risks associated with living modified organisms | Fair access to genetic resources and sharing of benefits |
Typical example | Transboundary movement of living modified organisms | Commercial utilisation of genetic resources |
Broad objective | Protect biodiversity from potential adverse effects of modern biotechnology | Promote fairness in the utilisation of genetic resources |
India's First National Report on the Nagoya Protocol: What Does It Say?
India submitted its First National Report (NR1) on implementation of the Nagoya Protocol on 27 February 2026.
According to the supplied account, the report was prepared by the Ministry of Environment, Forest and Climate Change (MoEFCC) in collaboration with the National Biodiversity Authority (NBA).
It was submitted in accordance with Article 29 of the Nagoya Protocol, which concerns monitoring and reporting.
What Period Does the Report Cover?
The report covers the period from 1 November 2017 to 31 December 2025.
It highlights India's progress in implementing access and benefit-sharing arrangements.
The report also connects India's efforts to Target 13 of the updated National Biodiversity Strategy and Action Plan.
Why Is the Report Important?
The submission provides a national account of progress under the Nagoya Protocol.
It is relevant for evaluating India's legal, administrative and institutional measures for regulating access to genetic resources and sharing benefits.
It also illustrates the relationship between India's domestic biodiversity governance and international commitments.
How Does India Implement Access and Benefit-Sharing?
India uses a three-tier institutional framework for biodiversity governance and ABS implementation.
The three levels are:
National Biodiversity Authority.
State Biodiversity Boards or Union Territory Biodiversity Councils.
Biodiversity Management Committees.
This structure enables coordination across national, state, Union Territory and local levels.
Tier 1: National Biodiversity Authority (NBA)
The NBA functions at the national level.
It plays an important role in implementing India's biodiversity law and associated access and benefit-sharing arrangements.
Its functions include responsibilities relating to access regulation, approvals and benefit-sharing under the applicable legal framework.
The recent disbursement of ₹1.19 crore illustrates its role in directing ABS-related resources towards subnational biodiversity institutions.
Tier 2: State Biodiversity Boards and Union Territory Biodiversity Councils
State Biodiversity Boards (SBBs) and Union Territory Biodiversity Councils (UTBCs) operate at the subnational level.
They perform functions under the applicable biodiversity governance framework and help implement conservation and sustainable-use measures.
According to the supplied report, 29 SBBs and one UTBC received the recent NBA disbursement.
Tier 3: Biodiversity Management Committees (BMCs)
Biodiversity Management Committees function at the local level.
They are constituted by local bodies and contribute to biodiversity documentation, conservation and related governance activities.
Their position in the institutional framework is particularly important because biodiversity is often conserved and managed at the community level.
India's Three-Tier ABS Framework
Level | Institution | Broad Role |
National | National Biodiversity Authority | National implementation and ABS-related functions |
State/UT | SBBs and UTBCs | Subnational biodiversity governance |
Local | Biodiversity Management Committees | Local biodiversity conservation, documentation and participation |
The decentralised structure supports coordinated implementation while recognising the importance of local institutions.
What Is India's Legal Framework for Biodiversity Protection?
India's biodiversity governance framework includes constitutional provisions, environmental legislation and specific laws addressing biological resources.
Article 48-A: Directive Principles of State Policy
Article 48-A directs the State to endeavour to protect and improve the environment and safeguard the country's forests and wildlife.
It establishes an important constitutional responsibility concerning environmental protection.
Article 51-A(g): Fundamental Duties
Article 51-A(g) identifies a fundamental duty of every citizen to protect and improve the natural environment, including forests, lakes, rivers and wildlife, and to have compassion for living creatures.
Together, Articles 48-A and 51-A(g) provide constitutional support for environmental protection.
Indian Fisheries Act, 1897
The supplied material identifies the Indian Fisheries Act, 1897, as part of India's historical legal framework relating to biological resources.
The Act addresses specified matters concerning fisheries and aquatic resources.
Wildlife (Protection) Act, 1972
The Wildlife (Protection) Act, 1972, is a major law concerning wildlife protection and conservation in India.
It provides legal mechanisms relating to protected wildlife and conservation.
Biological Diversity Act, 2002
The Biological Diversity Act, 2002, is central to India's implementation of the CBD's objectives.
It provides a domestic legal framework concerning biodiversity conservation, sustainable use and benefit-sharing.
The law has subsequently been amended, including through the Biological Diversity (Amendment) Act, 2023.
India's Biodiversity Legal Toolkit
Provision or Law | Year | Main Relevance |
Article 48-A | Constitutional provision | State responsibility for environmental protection |
Article 51-A(g) | Constitutional provision | Citizen's fundamental duty towards nature |
Indian Fisheries Act | 1897 | Historical legal regulation concerning fisheries |
Wildlife (Protection) Act | 1972 | Wildlife protection and conservation |
Biological Diversity Act | 2002 | Biodiversity conservation, sustainable use and benefit-sharing |
Biological Diversity (Amendment) Act | 2023 | Amendments to India's biodiversity law |
What Is India's National Biodiversity Strategy and Action Plan?
The National Biodiversity Strategy and Action Plan (NBSAP) is India's policy framework for implementing biodiversity-related commitments.
The supplied material traces its development through several stages.
NBSAP Timeline
Year | Development |
1999 | Initial NBSAP formulation process to implement CBD mandates |
2008 | NBSAP updated |
2014 | Amended to align with the Aichi Biodiversity Targets adopted at CBD COP10 in Nagoya in 2010 |
2024 –2030 | Updated NBSAP launched at CBD COP16 in Cali, with 23 national targets aligned with the Kunming–Montreal Global Biodiversity Framework |
The updated NBSAP reflects the transition from the earlier Aichi Biodiversity Targets to the newer global biodiversity framework.
Its 23 national targets address different dimensions of biodiversity conservation, sustainable use and governance.
One particularly important target is Target 13, which concerns benefit-sharing.
NBSAP Target 13: Increasing Benefits From Genetic Resources, DSI and Traditional Knowledge
Target 13: Increase the Sharing of Benefits From Genetic Resources, Digital Sequence Information and Traditional Knowledge
Target 13 seeks to strengthen fair and equitable benefit-sharing while facilitating appropriate access to genetic resources.
It connects biological resources, modern scientific information and traditional knowledge within the wider biodiversity governance framework.
Core Objective
The target seeks to ensure fair and equitable sharing of benefits arising from:
Genetic resources.
Digital Sequence Information (DSI).
Traditional knowledge.
These three areas are closely connected but not identical.
Genetic resources include genetic material with actual or potential value.
Digital sequence information concerns genetic sequence data and related information, a subject of ongoing international policy development.
Traditional knowledge may include knowledge maintained by Indigenous peoples and local communities concerning the properties or uses of biological resources.
Key Mechanisms
The supplied Target 13 infographic identifies four principal mechanisms:
Legal measures: Strengthening legal provisions relevant to access and benefit-sharing.
Policy frameworks: Developing policies that support equitable benefit-sharing.
Administrative systems: Improving institutions and procedures needed for implementation.
Capacity-building: Strengthening the ability of stakeholders to participate in and implement benefit-sharing arrangements.
The target emphasises multi-level governance and inclusivity.
This is particularly relevant to India's three-tier biodiversity institutional framework.
Access Dimension
Target 13 also seeks to facilitate appropriate access to genetic resources.
Its underlying relationship can be understood as:
Utilisation of genetic resources ↔ Conservation and sustainable use
Access and benefit-sharing should not be treated as isolated commercial arrangements.
They are intended to support conservation and sustainable development.
The target is linked to international Access and Benefit-Sharing (ABS) frameworks.
Target for 2030
The supplied infographic identifies the following ambitions:
A significant increase in benefits shared.
Strengthened international cooperation.
Better implementation of access and benefit-sharing arrangements.
These are directional policy objectives. The supplied material does not specify a numerical Indian benefit-sharing target for 2030.
Why Target 13 Matters
The infographic identifies four principal benefits.
Promoting Bio-Justice and Equity
Benefit-sharing can help address unequal distribution of gains arising from biological resources.
Protecting Indigenous and Local Knowledge
Traditional knowledge can contribute to scientific and commercial uses of biodiversity.
Equitable arrangements are important for recognising the interests of communities associated with that knowledge.
Supporting Sustainable Development Goals
Biodiversity conservation and equitable resource use contribute to broader sustainable-development objectives.
Strengthening Biodiversity Governance
Effective ABS systems require coordination between governments, institutions, resource users and communities.
Target 13 at a Glance
Component | Main Focus |
Core objective | Fair and equitable benefit-sharing |
Resources covered | Genetic resources, DSI and traditional knowledge |
Mechanisms | Legal, policy, administrative and capacity-building measures |
Governance | Multi-level and inclusive |
Access dimension | Facilitate appropriate access to genetic resources |
2030 ambition | Significantly increase shared benefits and strengthen cooperation |
Wider importance | Bio-justice, community interests, SDGs and biodiversity governance |
13. What Is Digital Sequence Information (DSI)?
Digital Sequence Information (DSI) is an important emerging issue in global biodiversity governance.
Modern scientific research increasingly relies on digital information derived from genetic material.
Such information may be used in fields including biotechnology, agriculture, medicine and biological research.
This creates a policy challenge.
Traditional ABS arrangements often focus on access to physical genetic resources.
But researchers may sometimes use digital genetic sequence information without physically obtaining the original biological material from the provider country.
Why Does DSI Create a Benefit-Sharing Challenge?
Imagine that genetic sequence information derived from a plant is stored in a database.
Researchers elsewhere may use that information to develop a commercially valuable product.
The question then becomes whether, and through what mechanism, benefits arising from such utilisation should be shared.
This is why DSI has become a major topic in CBD negotiations.
It also explains the significance of the Cali Fund, established through the COP16 process.
What Happened at CBD COP15?
The 15th Conference of the Parties (COP15) to the Convention on Biological Diversity culminated in Montreal, Canada, in 2022.
Its major outcome was the adoption of the Kunming–Montreal Global Biodiversity Framework (GBF).
The framework provides an international plan to halt and reverse biodiversity loss.
It is frequently compared with the 2015 Paris Agreement on climate change because both provide major global frameworks for environmental action.
Four Long-Term Goals and 23 Targets
The GBF contains:
Four long-term goals for 2050.
23 action-oriented targets for 2030.
This distinction matters for accuracy: the framework does not make all four goals due in 2030.
The 2030 targets address issues such as ecosystem conservation, restoration, sustainable use, resource mobilisation and equitable benefit-sharing.
The framework succeeded the earlier Aichi Biodiversity Targets.
Why Was COP15 Important?
It provided a common international framework for biodiversity action after 2020.
Countries were expected to translate the global framework into national plans and targets.
India's updated NBSAP 2024–2030 is part of that broader process.
What Happened at CBD COP16?
CBD COP16 was held in Cali, Colombia, from 21 October to 1 November 2024.
The conference addressed implementation of the Kunming–Montreal Global Biodiversity Framework, biodiversity finance and benefit-sharing.
A major development was progress on the establishment of the Cali Fund, associated with sharing benefits from the use of digital sequence information on genetic resources.
What Is the Cali Fund?
The Cali Fund is a global mechanism intended to support benefit-sharing from the commercial use of DSI on genetic resources.
Its design places particular emphasis on the interests of Indigenous peoples and local communities.
This is significant because digital genetic information can generate value even when physical genetic resources are not directly exchanged.
The Cali Fund seeks to address this emerging benefit-sharing challenge.
What About the USD 200 Billion Target?
The supplied account also refers to the goal of securing USD 200 billion per year by 2030 for global biodiversity initiatives.
This is an important financing target under the Kunming–Montreal Global Biodiversity Framework.
It should be distinguished from the Cali Fund itself.
The USD 200 billion annual mobilisation target is a broader biodiversity-finance commitment, not a claim that the Cali Fund alone will collect that amount.
Key COP16 Outcomes Discussed in the Supplied Material
Advancement of the Cali Fund for DSI-related benefit-sharing.
Emphasis on equitable sharing of benefits, especially with Indigenous peoples and local communities.
Continued attention to mobilising biodiversity finance.
Implementation of the Kunming–Montreal Global Biodiversity Framework.
When and Where Is CBD COP17?
The supplied material identifies CBD COP17 as scheduled for 19–30 October 2026 in Yerevan, Armenia.
As of 20 October 2026, this date range places the conference within its scheduled period.
The meeting is part of the CBD's regular Conference of the Parties process.
The supplied account notes that CBD COP meetings generally take place every two years, unlike UN climate COP meetings, which are generally held annually.
This difference is useful for understanding the institutional schedules of the two conventions.
17. CBD COP15 vs COP16 vs COP17
Conference | Location and Date | Key Relevance |
COP15 | Montreal, Canada, 2022 | Adoption of the Kunming–Montreal Global Biodiversity Framework |
COP16 | Cali, Colombia, 21 October–1 November 2024 | DSI benefit-sharing arrangements, Cali Fund and biodiversity finance |
COP17 | Yerevan, Armenia, scheduled 19–30 October 2026 | Further international biodiversity negotiations and implementation review |
The three conferences reflect the transition from setting global biodiversity targets to developing implementation, finance and benefit-sharing arrangements.
How Are the CBD, Nagoya Protocol, Cali Fund and India's NBSAP Connected?
These frameworks operate at different levels but address related objectives.
Convention on Biological Diversity: Establishes the overarching international objectives of conservation, sustainable use and fair benefit-sharing.
Nagoya Protocol: Provides a specific international framework concerning access to genetic resources and benefit-sharing.
Kunming–Montreal Global Biodiversity Framework: Establishes global biodiversity goals and targets, including Target 13 on benefit-sharing.
Cali Fund: Addresses benefit-sharing associated with digital sequence information on genetic resources.
India's NBSAP 2024–2030: Translates global biodiversity priorities into national targets.
India's ABS institutions: Implement relevant biodiversity and benefit-sharing measures through the NBA, SBBs/UTBCs and BMCs.
Framework Comparison
Framework | Level | Main Function |
CBD | International treaty | Overall biodiversity objectives |
Nagoya Protocol | International supplementary agreement | Access to genetic resources and benefit-sharing |
Cartagena Protocol | International supplementary agreement | Biosafety |
Kunming–Montreal GBF | Global policy framework | Biodiversity goals and targets |
Cali Fund | Global benefit-sharing mechanism | Benefits associated with DSI use |
NBSAP 2024–2030 | National policy framework | India's biodiversity targets |
NBA–SBB/UTBC–BMC system | Domestic institutional framework | Implementation and coordination |
Why Does the Nagoya Protocol Matter for India?
India has extensive biological diversity and a long history of traditional knowledge concerning natural resources.
This creates opportunities for scientific research, sustainable commercial use and biodiversity-based livelihoods.
It also makes fair access and benefit-sharing particularly important.
Conservation
Benefit-sharing can support the conservation of biological resources and ecosystems.
Sustainable Utilisation
Regulated access can help ensure that biological resources are used responsibly.
Community Participation
Local communities and biodiversity institutions play an important role in conserving resources and documenting associated knowledge.
Legal Certainty
Clear access requirements can support legitimate research and commercial utilisation.
International Cooperation
The Nagoya Protocol provides a shared framework for cooperation between provider countries and users of genetic resources.
Implementation of Global Commitments
India's First National Report, updated NBSAP and ABS institutional structure illustrate the country's efforts to implement international biodiversity commitments.
The NBA's recent disbursement of ₹1.19 crore provides a concrete example of benefit-sharing resources being directed towards biodiversity institutions.
What Are the Main Challenges in Implementing Access and Benefit-Sharing?
Although ABS is an important principle, effective implementation can be complicated.
Identifying the Appropriate Beneficiaries
Genetic resources and associated knowledge may involve multiple communities, regions or institutions.
Determining who should receive benefits may require careful legal and administrative processes.
Valuing Contributions
Traditional knowledge and biodiversity conservation do not always have an easily measurable monetary value.
Ensuring Fair Distribution
Collecting benefits is only one part of the process.
The distribution of those benefits must also be effective, transparent and consistent with applicable law.
Administrative Capacity
National, state and local institutions require resources, expertise and coordination.
This is why Target 13 emphasises legal measures, administrative systems and capacity-building.
Digital Sequence Information
DSI creates additional complexity because commercial value may arise from digital information rather than direct physical access to a genetic resource.
Balancing Access and Conservation
Regulatory systems must facilitate appropriate scientific research while protecting biodiversity and ensuring fair treatment of providers and communities.
The challenge is to design systems that support all three CBD objectives rather than prioritising only one.
Biodiversity Protection Must Also Be Fair
The Nagoya Protocol reflects an important evolution in international environmental governance.
Protecting biodiversity is not only about preserving species, forests and ecosystems. It also requires rules governing the utilisation of biological resources and the distribution of benefits arising from them.
The Convention on Biological Diversity established conservation, sustainable use and equitable benefit-sharing as interconnected objectives.
The Nagoya Protocol provides a framework for putting the third objective into practice.
India's ABS system, supported by the National Biodiversity Authority, State Biodiversity Boards, Union Territory Biodiversity Councils and Biodiversity Management Committees, seeks to translate these principles into domestic implementation.
The recent ₹1.19 crore disbursement, India's First National Report submitted in February 2026, and Target 13 of the updated NBSAP all highlight the growing importance of equitable biodiversity governance.
Meanwhile, digital sequence information and the Cali Fund demonstrate that benefit-sharing rules must evolve alongside scientific and technological change.
The central principle is straightforward: when biological resources and associated knowledge generate value, the framework for using them should also recognise conservation responsibilities and the legitimate interests of those who provide and protect them.
UPSC Prelims: Important Facts to Remember
Topic | Key Fact |
Convention on Biological Diversity | Emerged from the 1992 Rio Earth Summit |
CBD entered into force | 1993 |
India became a CBD party | 1994 |
CBD objectives | Conservation, sustainable use and fair benefit-sharing |
Cartagena Protocol | Biosafety; entered into force in 2003 |
Nagoya Protocol | Access and Benefit-Sharing; entered into force in 2014 |
Nagoya Protocol adoption | Nagoya, Japan, 2010 |
Nagoya Protocol Article 29 | Monitoring and reporting |
India's First National Report | Submitted on 27 February 2026 |
Reporting period | 1 November 2017–31 December 2025 |
NBA disbursement | ₹1.19 crore |
Recipients | 29 SBBs and one UTBC |
India's ABS institutional structure | NBA, SBBs/UTBCs and BMCs |
Biological Diversity Act | 2002 |
Updated Indian NBSAP | 2024–2030 |
Number of Indian NBSAP targets | 23 |
NBSAP Target 13 | Benefit-sharing from genetic resources, DSI and traditional knowledge |
CBD COP15 | Montreal, 2022 |
Kunming–Montreal GBF | Four long-term goals and 23 targets for 2030 |
CBD COP16 | Cali, Colombia, 2024 |
Cali Fund | DSI-related benefit-sharing |
Biodiversity finance target | USD 200 billion annually by 2030 |
CBD COP17 | Yerevan, Armenia, scheduled 19–30 October 2026 |
Frequently Asked Questions
1. What is the Nagoya Protocol?
The Nagoya Protocol is a supplementary agreement to the CBD that establishes an international framework for access to genetic resources and fair and equitable sharing of benefits arising from their utilisation.
2. When did the Nagoya Protocol come into force?
It entered into force on 12 October 2014.
3. What is Access and Benefit-Sharing?
ABS is a mechanism for regulating access to genetic resources and sharing benefits arising from their utilisation under applicable legal requirements and agreed terms.
4. Why is the Nagoya Protocol important for local communities?
It provides a framework relevant to fair benefit-sharing, including issues concerning traditional knowledge associated with genetic resources and the interests of Indigenous peoples and local communities.
5. What is the Convention on Biological Diversity?
The CBD is an international treaty concerned with biodiversity conservation, sustainable use and fair and equitable benefit-sharing.
6. What are the three objectives of the CBD?
Conservation of biodiversity, sustainable use of its components and fair and equitable sharing of benefits arising from genetic resources.
7. What is the difference between Cartagena and Nagoya?
Cartagena concerns biosafety and living modified organisms. Nagoya concerns access to genetic resources and benefit-sharing.
8. What is the National Biodiversity Authority?
The NBA is a national institution responsible for specified functions under India's biodiversity legal framework, including access and benefit-sharing.
9. How much did the NBA recently disburse?
According to the supplied report, ₹1.19 crore was disbursed to 29 State Biodiversity Boards and one Union Territory Biodiversity Council.
10. What is India's three-tier biodiversity framework?
It comprises the NBA at the national level, SBBs/UTBCs at the subnational level and BMCs at the local level.
11. When did India submit its First National Report on the Nagoya Protocol?
On 27 February 2026, according to the supplied account.
12. What period does the report cover?
From 1 November 2017 to 31 December 2025.
13. What is Article 29 of the Nagoya Protocol?
It concerns monitoring and reporting on implementation.
14. What is NBSAP Target 13?
It seeks to increase fair and equitable sharing of benefits arising from genetic resources, digital sequence information and traditional knowledge.
15. What is Digital Sequence Information?
DSI refers to genetic sequence information and related data used in scientific and technological applications.
16. What is the Cali Fund?
It is a global mechanism associated with benefit-sharing from the use of digital sequence information on genetic resources.
17. What was the major outcome of CBD COP15?
The adoption of the Kunming–Montreal Global Biodiversity Framework.
18. How many targets are in the Kunming–Montreal GBF?
It contains 23 targets for 2030, alongside four long-term goals for 2050.
19. Where was CBD COP16 held?
In Cali, Colombia, from 21 October to 1 November 2024.
20. Where is CBD COP17 scheduled to take place?
In Yerevan, Armenia, from 19 to 30 October 2026.
21. What is the global biodiversity-finance target for 2030?
The Kunming–Montreal GBF includes a target to mobilise at least USD 200 billion per year by 2030 from all sources for biodiversity-related activities.
22. Which Indian constitutional provisions support environmental protection?
Article 48-A concerns the State's responsibility to protect the environment, while Article 51-A(g) identifies a citizen's fundamental duty to protect and improve the natural environment.
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