Accessibility statement

Nagoya Protocol and the use of non-human genetic material

In certain cases, UK researchers who use non-human genetic material which originated outside of the UK, such as plants, animals, microbes, biomass and even food waste in research and development (“R&D”) are legally obliged to follow a number of steps in terms of permits, agreements, record-keeping and due diligence declarations. Research institutions can be subject to compliance inspections and the consequences of not complying with the law can be severe, including fines, reputational damage and in exceptional circumstances imprisonment.

Before using genetic material in any R&D (grant funded or otherwise) you should:

The Nagoya Protocol is an international agreement establishing a legal framework to govern access to genetic resources and/or associated traditional knowledge, and to ensure that benefits arising from the use of these resources are shared fairly.

The UK government has issued guidance for those conducting R&D on genetic resources which we recommend you read. Researchers are required by law to conduct R&D in accordance with the Regulations in section 8 below.

The legislation is enforced in the UK by the Office for Product Safety and Standards (OPSS). The requirements are reinforced in the BBSRC statement on Safeguarding Good Scientific Practice.

Even if a country is not a party to the Nagoya Protocol, it may have domestic legislation relevant to access and benefit sharing, which must still be complied with.

Key contacts

Policy Integrity and Performance Team 

nagoya-protocol@york.ac.uk 

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The information on this web page was last updated on 10th February 2021.