The Nagoya Protocol and its implications for Users of Microbial Resources

The Nagoya Protocol (NP), which entered into force on October 12th 2014, is an international agreement which aims at sharing the benefits arising from the utilization of genetic resources in a fair and equitable way, including by appropriate access to genetic resources and by appropriate transfer of relevant technologies, taking into account all rights over those resources and to technologies, and by appropriate funding, thereby contributing to the conservation of biological diversity and the sustainable use of its components. The European Union has designed the legal instruments needed for its implementation in their areas of jurisdiction. Alongside, some European microbial domain Biological Resource Centres (mBRCs) have initiated communications with their national competent authorities and National Focal Points to discuss the situation and draw attention to concerns and problems that the mBRCs could experience now that the NP has entered into force in the Union. The topic of Access and Benefit Sharing (ABS) and its implementation are very complex, especially for users of microbial resources. Users obtaining resources from a registered collection are considered to have exercised due diligence as regards the seeking of information providing proof that the resources were legally accessed. Whether seeking inclusion into the Register or not, mBRCS need to develop strategies and tools to ensure that mBRCs comply with the Nagoya Protocol. These strategies will support users, as well as providers and other holders of microbial resources, to utilise the material in a legally compliant way