《名古屋议定书》生效后的谈判焦点与对策

2014年10月12日, 《获取遗传资源和公正公平分享其利用所产生惠益的名古屋议定书》(以下简称议定书)正式生效, 10月13日在韩国平昌召开议定书缔约方大会第一次会议。这次会议重点审议了遵约机制、获取与惠益分享信息交换所、资金和财务机制、能力建设与意识提升、全球多边惠益分享机制的必要性等议题。最终各方在下列几个方面达成了一致: 建立议定书遵约机制, 通过获取与惠益分享信息交换所运作模式, 达成一揽子有关资金和财务安排的决议, 通过《支持有效执行议定书的能力建设和发展战略框架》和《议定书意识提升战略》, 启动建立全球多边惠益分享机制的进程。议定书的生效对我国遗传资源及相关传统知识的保护、利用和惠益分享可能带来多方面的影响。我国需要积极推动完善国内遗传资源相关法律法规, 积极推动加入议定书, 适时制定遗传资源获取与惠益分享行动计划, 研究建立获取与惠益分享基金, 以及积极开展议定书后续谈判研究。

Hot spots and proposed actions of negotiations of the Nagoya Protocol after it functions

The first meeting of the Conference of the Parties to the Convention on Biological Diversity served as the meeting of the parties of the Nagoya Protocol on Access to Genetic Resources and Equitable Sharing of the Benefits Arising from Their Utilization (COP-MOP1) was held at Pyeongchang city, Republic of Korea, after it had been legally functioned in October 12, 2014. The draft decision on the compliance mechanism of the Protocol, access and benefit-sharing clearing-house, resource mobilization and financial mechanism, capacity-building and awareness raising, and the need for and modalities of the global multilateral benefit-sharing mechanism, were discussed by the parties and non-parties governments, non-governmental organizations and representatives of indigenous and local communities, during this meeting. Parties finally agreed by consensus to: set up Protocol compliance mechanisms; adopt the modalities of operation of the access and benefit-sharing clearing-house; reach financial arrangement for implementation of the Protocol; carry out the strategy framework for capacity-building and awareness raising; and trigger the development process of a global multilateral benefit-sharing mechanism. Some significant impacts of the Protocol are emerging on the legislative, administrative and policy measures related to the protection, utilization and benefit-sharing of genetic resources and associated traditional knowledge in China. It is necessary for China to ratify the Protocol and become a member of its parties. China should focus more attention on improving domestic laws and regulations relevant to genetic resources as soon as possible, drawing up a national action plan for access to and benefit-sharing of genetic resources, establish a fund of access and benefit sharing, and carry out several studies on the follow-up negotiation of the Protocol.