The Convention on Biological Diversity (CBD) and its Nagoya Protocol confirm that states have sovereign rights over the found within their national jurisdiction. Therefore, each country is entitled to define the modality of access to such resources, be it for research (or purely commercial) purposes and for their subsequent . In addition, benefits that arise from conducting research and development on genetic resources (and ) are to be shared fairly and equitably with the Party (“country”) providing the resources.
These principles are substantiated in the and implemented in the domestic legislation and regulations of the countries providing the genetic resources. It is up to the countries to decide whether they require the fulfilment of ABS obligations for access to their .
If you intend to do research on genetic resources and/or associated traditional knowledge in a country requiring ABS procedures for academic research, your research needs to be covered by the and the of the provider country. If your research includes associated traditional knowledge, the PIC and possibly MAT of its holders may be required too. The respective conditions depend on the domestic legislation or regulatory requirements of the .