Since 2014, there has been an international legal framework for access to genetic resources and traditional knowledge, which regulates participation in research results and the handling of benefits arising from the use of these resources:

• The ‘Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilisation to the Convention on Biological Diversity’
• and, for Germany, the ‘Act on the Implementation of the Obligations under the Nagoya Protocol and the Implementation of Regulation (EU) No 511/2014.’

The competent federal authority in Germany is the Federal Agency for Nature Conservation (BfN), which also provides information on the scope of application of the use of genetic resources under Regulation (EU) No 511/2014.

Genetic resources are defined in accordance with the Nagoya Protocol and EU Regulation No. 511/2014 as:

• biological material of plant, animal, microbial or other (non-human) origin that contains functional genetic units;
• derivatives (e.g. enzymes, proteins, metabolites) with actual or potential value;
• Legally equivalent: traditional knowledge about the above-mentioned genetic resources.

This does not include the use of organisms covered by specific treaties (e.g. the International Treaty on Plant Genetic Resources for Food and Agriculture or the Treaty on Pandemic Influenza Preparedness).

Researchers at the University of Duisburg-Essen who wish to use genetic resources falling within the scope of the EU ABS Regulation (EU) No. 511/2014 are obliged to familiarise themselves with the Nagoya Protocol and to comply with its requirements and compliance regulations. Violations constitute an administrative offence in Germany and can be punished with a fine of up to €50,000. The UDE's principles of good scientific practice stipulate in § 2 (3): ‘Scientists shall observe their rights and obligations in their conduct, in particular those resulting from legal requirements and contracts with third parties.’

Affected researchers must therefore take into account longer processing times in their project planning! Find out more in good time at the German Nagoya Protocol HuB and check the information on member states: ABSCH Access and Benefit-Sharing Clearing-House. For further information, please refer to the links below.