On 12 October 2014, the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits from their Utilization ('the Protocol') entered into international force. The Protocol is meant to further an international legal framework to govern access to and utilisation of 'genetic resources', a term that has been broadly defined to include genetic material of actual or potential value, and any naturally occurring derivative compound thereof. As numerous countries take actions to implement the Protocol, companies and universities utilising genetic resources from plants, animals, bacteria and other organisms must be especially mindful of these emerging international and domestic requirements. Indeed, the Protocol may impact research and development of an array of products, including pharmaceuticals, biotech products, agricultural products, nutritionals, supplements, cosmetics, perfumes and fragrances, and industrial enzymes. At the same time, related international instruments may affect intellectual property rights surrounding such products.
Originally published in Bio-Science Law Review, Case Comments: Vol. 14, Issue 4.
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