The purpose of the Nagoya Protocol is to promote fair and equitable sharing of the benefits arising from the utilization of genetic resources for contributing to the conservation of biological diversity and the sustainable use of its components. Unfortunately, pre-Nagoya experience shows the implementation of national regimes on access and benefit sharing (ABS) has turned out to be unsuccessful due to a number of reasons, including weak institutional and scientific capacities as well as legal gaps. This work is aimed at identifying and supporting the most important theoretical aspects that should be evaluated when implementing ABS regimes. It is based on the analysis of three fundamental categories: a) genetic diversity in the providing country, b) ABS national legislative and policy measures, and c) research and development capacities of those research institutions that could potentially be involved in ABS arrangements. This contribution could help those countries that are upgrading or developing national regimes on access and benefit-sharing to ensure their successful implementation