The Nagoya Protocol on Access and Benefit-sharing

Details of Measure

General Description
Country or Region Andean Pact
Official Title Decision 391: Common Regime on Access to Genetic Resources
Level Regional
Type of Measure Legislation
Status
Status of Measure Entered into force
Date of Entry into Force 1996-02-07
Additional Information
Full-text of Measure Document

Main ABS Elements

ABS Element
Description Relevant articles and sections
Competent National Authority
Andean Committee on Genetic Resources Art. 51
Function Art. 50
Scope
Prior Informed Consent (PIC) Procedures
Application for access Art. 26-31
General aspects Art. 16-25
Mutually Agreed Terms (MATs)
Access contract Art. 32-37
Ancillary contracts Art. 41-44
Conditions of contracts, including ancillary contracts Art. 17
Execution of access contract Art. 38-40
Compliance Mechanisms
Dispute settlement Final Provisions
Establishment of registries Art. 21
Notification between Member States Art. 48-49
Nullification of intellectual property rights Complementary Provisions 2-3
Termination/nullification of a contract Art. 39
Violations and sanctions Art. 46-47
Traditional Knowledge Associated to Genetic Resources
Recognition of know-how, innovations and traditional practices Art. 7
Other
National treatment and reciprocity Art. 11-12
Subregional cooperation Art. 10
Training, research , development and the transfer of technology Art. 8-9