Implications of Nagoya protocol implementation for the pharmaceutical and cosmetic industries

Legal access to biodiversity is a key point for natural product chemists, academic and industrial researchers. The fair and equitable sharing of the benefits arising from the utilization of genetic/biological resources was reaffirmed in Nagoya in October 2010. The Nagoya ABS regulations will enter into force only when the protocol has been translated into national laws. It has to be operational by 2015 but many states are aiming for an earlier entry into force. However, the new access laws should not be overly restrictive for both academic and industrial researchers in order to avoid paradoxical effects on pharmaceutical and cosmetics industries.

The presentation will describe the new practical processes which are going to be in force to legally access to national and international biodiversity samples (PIC, MAT,). It will focus on the main issues of the Nagoya protocol implementation: clarification of the scopes, definition of commodities, interpretation of obligations, establishment of clear, fair, transparent and efficient rules for access, dispute settlement and multilateral benefit sharing mechanism ...

In fact, without possible and secure access, no valorisation and no benefit sharing will be possible toward the source countries by the pharmaceutical and cosmetics industries. Sustainable access should be facilitated for the fair, equitable benefit of all (source countries, industries, patients and users of cosmetics) and, of course, biodiversity preservation.