Access to Genetic Resources and Benefit-Sharing (ABS)

With Japan becoming a party to the Nagoya Protocol, the ABS (Access to Genetic Resources and Benefit-Sharing) Guidelines came into effect on August 20, 2017, with the aim of ensuring the fair and equitable sharing of benefits arising from the use of genetic resources.
This created an obligation for researchers and students to comply not only with the national laws and regulations of the country providing the genetic resources and the Convention on Biological Diversity, but also with the ABS Guidelines.

basic matter

• Each country’s living organisms (genetic resources) should be treated as resources to which each country has rights.
• The use of genetic resources shall require permission from the donor country.
• In the event that profits are generated, they shall be shared fairly among the donor and user countries.

General procedures for acquiring genetic resources

1- Faculty members who intend to conduct research involving genetic resources are requested to consult with the Intellectual Property Group in the following cases. We will assist you in determining whether a response is necessary and confirm the rules necessary for such a response. If necessary, follow the “Prior Informed Consent (PIC) ^*1 procedure and “Mutually Agreed Terms (MAT) ^*2 ” in accordance with the ^rules*1 of ^the donor country under the Convention on Biological Diversity and the Nagoya Protocol, and ABS The domestic measures stipulated in the ABS guidelines must be complied with.

• We would like to conduct research on genetic resources originating overseas.
• We would like to conduct research on traditional knowledge related to overseas genetic resources.
• A foreign student planning to come to Japan offered to do research on genetic resources in his country.

*1 Rules of the donor country: It is difficult to find out the rules of the donor country, so the counterpart in the donor country will be asked to investigate and respond to them. In addition, there are cases where only the local language can be used at various stages, including negotiations with the government of the donor country, and some countries do not allow collection by foreigners, so the presence of counterparts is essential.
*2 PIC: There are countries where the equivalent of PIC does not exist because the laws and regulations of the donor country are not yet in place. In such cases, PIC procedures are not required, but permission may be required to take out certain areas (national parks, etc.) or certain species (rare or useful species).

2- If a response is required, please obtain a PIC from the donor country and establish a MAT with the counterpart in the donor country before conducting the above study. The name “PIC” or “MAT” does not have to be the same as the name of the PIC or MAT, but can be equivalent to them (e.g., MOU). In particular, a “signed document” from the government of the donor country is important.

3- Please submit any PICs or MATs (or equivalent) obtained to the IP Group as they will be managed by the IP Group.

For inquiries, please contact

Intellectual Property Group, Industrial Cooperation Division, Research Promotion Department, Institute of Science Tokyo
2-12-1 E3-11 Ookayama, Meguro-ku, Tokyo 152-8550, Japan
Mail: ind.ip[at]adm.isct.ac.jp
TEL: 03-5734-3819 ext. 3819

*Please replace [at]with @ in the email address.