The Nagoya Protocol and Synthetic Biology Research: A Look at the Potential Impacts
Margo A. Bagley
University of Virginia School of Law; Emory University School of Law
Arti K. Rai
Duke University School of Law; Duke Innovation & Entrepreneurship Initiative
January 1, 2014
Virginia Public Law and Legal Theory Research Paper No. 2014-05
This report, prepared for the Synthetic Biology Project at the Woodrow Wilson International Center for Scholars, analyzes the 2010 Nagoya Protocol to the Convention on Biological Diversity and how it may affect U.S. researchers working in the field of synthetic biology. The objective of the Protocol is to provide a transparent framework for the acquisition and sharing of genetic resources on fair and equitable terms that facilitate the conservation of biological diversity and associated traditional knowledge. The report finds significant uncertainty surrounding the temporal scope of the Agreement as well as the types of genetic material that will be covered at the implementing country level. Even though the United States is not a signatory to the Protocol, the report recommends that U.S. researchers should engage in discussions regarding the crafting of implementing legislation as they develop, verify the origin of the genetic material that they use, and ensure that such material was taken in compliance with the domestic law of a provider country.
Number of Pages in PDF File: 33
Keywords: patents, synthetic biology, Nagoya protocol, genetic resources, biodiversity
Date posted: February 2, 2014 ; Last revised: December 27, 2014
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