France: The fight against biopiracy and the Nagoya Protocol

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

France: The fight against biopiracy and the Nagoya Protocol

In 1992, the Rio Convention on Biodiversity set the goal of fighting practices known as biopiracy and which are generally seen in developing countries. These involve identifying certain genetic resources of a country and indigenous traditional knowledge that may be linked to their use, developing them, protecting them through patents and extracting commercial gain without any benefit to the indigenous populations in question. The Nagoya Protocol, an extension of the Rio Convention, enshrines a move from mere declarations of intent to concrete measures.

The Nagoya Protocol has been ratified by more than 100 countries, including France and its main goal is to ensure that each member country incorporates into its national law provisions seeking to:

  • make access to genetic resources in its territory, and such traditional knowledge as may be linked thereto, the subject of a system of prior registration or authorisation;

  • ensure that the advantages arising from the use of the said resources and knowledge are indeed shared with indigenous populations.

As far as the European Union is concerned, the principles of the Nagoya Protocol have been incorporated into Regulation 511/2014 and Implementing Regulation 2015/1866. In France, the provisions of the Protocol and the above-mentioned EU Regulations have for the most part been incorporated into the Environmental Code. The latter notably ensures, for all research activity (involving genetic and/or biochemical compositions) concerning genetic resources available in French territory, mandatory compliance with the following formal requirements:

  • filing a declaration prior to accessing any genetic resources with a view to their study, the keeping thereof in a collection or uses thereof not being linked to immediate commercial development;

  • obtaining an authorisation and entering into a contract concerning the sharing of benefits prior to any access to genetic resources with a view to their study and commercial uses thereof, as well as prior to any use of traditional knowledge linked to genetic resources (a specific authorisation and procedure have been laid down to this end).

Furthermore, in cases where there is simultaneous use both of genetic resources and traditional knowledge linked thereto, supplementary reporting obligations are foreseen in the two following cases:

  • for obtaining funding in order to carry out research;

  • for the final development of a product which, if it gives rise to the filing of a patent application, will also result in the requirement to forward to the French Intellectual Property Office (INPI) supplementary information using the form appearing in Annex III of the Implementing Regulation 2015/1866.

It may be noted that the corresponding provisions of the Environmental Code are accompanied by criminal penalties.

Francis Declercq


Cabinet Beau de Loménie158, rue de l’UniversitéF - 75340 Paris Cedex 07 FranceTel: +33 1 44 18 89 00Fax: +33 1 44 18 04 23contact@bdl-ip.comwww.bdl-ip.com

more from across site and SHARED ros bottom lb

More from across our site

The Spain-based firm has appointed an industry veteran to lead the group, which it hopes will strengthen its ability to support clients in ‘disruptive technologies’
Shaina Haria, a final-seat trainee at an international law firm’s UK office, shares how she fell in love with IP and why the area of law has changed the way she views the world
Now in its sixth edition, the IP Case Law Conference was focussed on the notion of ‘growing through change’
Nick Redfearn and Khanh Nguyen of Rouse discuss Vietnam’s latest identification in the 2026 Special 301 Report and how the country is taking genuine steps to meet US expectations
Tatiana Campello reflects on 30 years of practising at the firm, and urges women IP attorneys to think beyond the day-to-day
A David v Goliath battle involving TikTok, and Via Licensing Alliance adding new members to its Voice Codec patent pool, were also among the top talking points
Latham & Watkins bolstered its IP litigation bench in California with the addition of Kieran Kieckhefer, as partner demand for trial-ready expertise shows no sign of slowing
With the launch of a new patent eligibility AI tool, Sterne Kessler is leading a growing movement of law firms taking AI development into their own hands
UPC cases are (very) gradually becoming more distributed across other local divisions outside Germany, which can only be good news for the pan-European forum
Clarification concerning jurisdictional reach and latest stats released by the court were also among the top talking points in recent weeks
Gift this article