Operationalizing ABS checkpoints in India through IP and regulatory information linkage

Monitoring and compliance obligations relating to genetic resources (GRs) and associated traditional knowledge (TK) under Articles 15–17 of the Nagoya Protocol constitute one of the key responsibilities imposed on member countries to enable access and benefit-sharing. These provisions require members to track the utilization of GRs and TK within their jurisdiction, including the type of utilization and the country of origin, and to make such information available to the provider country to ensure transparency and accountability. Despite these obligations, only 49 of the 141 member countries have designated checkpoints, with 92 not yet compliant. Among those that have established checkpoints, most systems remain fragmented, failing to cover all forms of utilization or to provide the full range of information necessary for effective monitoring. A significant bureaucratic bottleneck lies in the perception that checkpoint mechanisms may overburden patent applicants, IP offices and market regulators, increasing transaction costs and potentially stifling research and development in innovation-driven sectors. This article advances the argument that monitoring and compliance under the Nagoya Protocol can be strengthened without imposing disproportionate regulatory burdens. It proposes an innovative governance model that demonstrates how information on the utilization of GRs and TK can be systematically collected, verified and made accessible to provider countries. Using India as a case study, the article illustrates how this model can be implemented within India’s legal and institutional landscape, while offering a scalable framework for jurisdictions with similar regulatory environments.