Cabinet Beau de Loménie
THE FIGHT AGAINST BIOPIRACY : THE NAGOYA PROTOCOL AND ITS IMPLEMENTATION IN FRENCH LAW
Identifying certain genetic resources of a country and indigenous traditional knowledge that may be linked to their use. Developing them, protecting them through patents and extracting commercial gain without any benefit for the indigenous populations in question. In 1992, the Rio Convention on Biodiversity set the goal of fighting such practices, dubbed « biopiracy » and which are generally observed in developing countries. The Nagoya Protocol, an extension of the Rio Convention, enshrines a move from mere declarations of intent to concrete measures.
The Nagoya Protocol has been ratified by more than 100 countries including France and its main goal is to ensure that each member country incorporates into its national law provisions seeking to:
As far as the European Union is concerned, the principles of the Nagoya Protocol have been incorporated into Regulation 511/2014 and its implementing regulation 2015/1866. In France, the provisions of the Protocol and the above-mentioned EU Regulations have for the most part been incorporated into the Environmental Code. The latter notably foresees, for all research activity (involving genetic and/or biochemical compositions) concerning genetic resources available on French territory, mandatory compliance with the following formal requirements:
Furthermore, in the case where there were to be simultaneous use both of genetic resources and traditional knowledge linked thereto, supplementary reporting obligations are foreseen in the two following cases:
It may be noted that the corresponding provisions of the Environmental Code are accompanied by criminal penalties.