Article 18 of the Nagoya Protocol on Access and Benefit-Sharing


Article 18 of the Nagoya Protocol, together with Articles 15, 16 and 17, completes the set of provisions covering user compliance measures in the Protocol. However, Article 18 refers to a different issue of compliance than Articles 15-17. It specifically aims to promote the enforcement of mutually agreed terms (MAT) between individual users and providers of genetic resources and/or traditional knowledge associated with such resources (i.e. contractual obligations), but does not address the enforcement of domestic access and benefit-sharing (ABS) legislation or regulatory requirements. Its focus is therefore situations of “misuse” and not “misappropriation” of genetic resources and/or associated traditional knowledge.

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