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Legislative, Administrative or Policy Measure (MSR)
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published: 05 Jun 2015 last updated: 19 Oct 2016
General information
Traditional knowledge associated with genetic resources
An amendment to the Nature Diversity Act was adopted by Parliament in june 2013 in order to be able to ratify the Nagoya Protocol. A New section 61 a was added.

Authorities shall facilitate respect and safeguarding of the interests of indigenous peoples and local communities when traditional knowledge associated with genetic resources that is developed and preserved by indigenous and local communities is accessed and utilized.

The King may issue a regulation stipulating that access to and utilisation of traditional knowledge associated with genetic resources requires prior informed consent from the indigenous peoples or local community, including rules on sanctions and remedies against misappropriation of such traditional knowledge associated with genetic resources. This could also be applied to traditional knowledge associated with genetic resources that is developed, transferred and preserved by indigenous peoples and local communities in another state, provided that the national legislation of that state requires prior informed consent for  access to or utilization of traditional knowledge associated with genetic resources.
National / Federal
Legally binding
01 Jul 2013
Law
No
Document details
Amendments
  • ABSCH-MSR-NO-203981-1 Legislative, Administrative or Policy Measure Nature Diversity Act Chapter VII Access to genetic material This document has been updated. This is not the latest published version. Click here to view the latest version of the record.
     
    The Nature Diversity Act Chapter VII has provisions on access to genetic material.  Importance is attached to the management of genetic material by the state, as a common resource that belongs to Norwegian society as a whole. The utilisation of genetic material must be to the greatest possible benefit of people and the environment in both a national and an international context. Due regard must also be paid to fair and equitable sharing of the benefits arising out of the utilisation of genetic resources, in such a way as to safeguard the interests of indigenous peoples and local communities.
    The King in Council may make regulations under the Act introducing a general requirement to hold a permit for collection and utilisation of genetic material. This provision only applies to genetic material collected from the natural environment. Removal from public collections and collection for use and further breeding and cultivation in agriculture and forestry are excepted from the requirement to hold a permit.
    The King may make regulations prescribing that the benefits arising out of the collection and utilisation of genetic material from Norway shall accrue to the state. Both monetary and non-monetary benefits may be regulated. The provisions on access to genetic material apply both on land and in the sea.
    Provisions on access to genetic material in public collections in Norway require any person who manages such collections to register any genetic material removed from the collection and provide public access to such information.
    Import of genetic material for utilisation in Norway from a state that requires consent for collection or export of such material may only take place if such consent has been given and in accordance with the conditions laid down for such consent. This will make it possible to enforce the requirement for consent in Norway.



An amendment to the Nature Diversity Act was adopted by Parliament in june 2013 in order to be able to ratify the Nagoya Protocol. A New section 61 a was added.

Authorities shall facilitate respect and safeguarding of the interests of indigenous peoples and local communities when traditional knowledge associated with genetic resources that is developed and preserved by indigenous and local communities is accessed and utilized.

The King may issue a regulation stipulating that access to and utilisation of traditional knowledge associated with genetic resources requires prior informed consent from the indigenous peoples or local community, including rules on sanctions and remedies against misappropriation of such traditional knowledge associated with genetic resources. This could also be applied to traditional knowledge associated with genetic resources that is developed, transferred and preserved by indigenous peoples and local communities in another state, provided that the national legislation of that state requires prior informed consent for  access to or utilization of traditional knowledge associated with genetic resources.
EN
Regulatory contact information
- Organization: Ministry of Climate and Environment (KLD) | ABSCH-CON-NO-207042-1 This linked record has been deleted.
Organization:
Ministry of Climate and Environment (KLD)
Government agency (National/Federal)
Senior Legal Advisor Gaute Voigt-Hanssen
, Departement of nature management
Oslo,
Postboks 8013 Dep 0030 OSLO, Norway
Phone: + 47 22 24 90 90,
Fax: +47 22 24 95 60,
Website:
Amendments
Relationships
Elements of the measure Collapse All Expand All
  SCOPE OF THE MEASURE
  Traditional knowledge associated with genetic resources ( Article 61 a )
  ALL TYPES OF GENETIC RESOURCES
No provisions for this element
  AREAS OF ACCESS OF THE GENETIC RESOURCE
No provisions for this element
  ACCESS
  Access to traditional knowledge associated with genetic resources, including prior informed consent or approval or involvement
  For commercial use ( Article 61a )
  BENEFIT-SHARING
No provisions for this element
  COMPLIANCE
  Compliance with domestic legislation or regulatory requirements of the other Party (Article 15 and 16) ( Article 61a )
  RELATIONSHIP WITH OTHER INTERNATIONAL INSTRUMENTS
No provisions for this element
  OTHER
No provisions for this element
Additional Information
The Government is developing regulations on traditional knowledge associated with genetic resources. The regulations will fulfll articles 5.nr, 5, 7 and 16 of the Nagoya Protocol. According to plan it will be finalised in 2016.
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