Enhancing biodiversity and EU environmental policy: the function of mutually agreed terms for implementing the Nagoya Protocol

In 2014 the European Union ruled on a measure for users of genetic resources. Regulation (EU) 2014/511 is correlated to distributive justice and principle of solidarity that underpins the entire EU legal system. Genetic resources and associated traditional knowledge can be transferred, used and marketed only under mutually agreed terms, including benefit-sharing arrangements, where applicable. This paper analyses the function of the contract (material transfer agreement) and mutually agreed terms for benefits-sharing, the juridical effect of infringements by users, and also the nature of the invalidity of the MTA if specific provisions for the sharing of the fair and equitable benefits arising from the utilisation of genetic resources, or from the traditional knowledge associated with genetic resources, are missing