Legislation

The Agreement on the exploitation of genetic resources in Greenland is regulated by: "Inatsisartut Act No. 3 of 3 June 2016 on the exploitation of genetic resources and related activities". This act regulates access to and distribution of benefits derived from the exploitation of genetic resources.

You can read the legislation on the exploitation of genetic resources here.

The legislation is drafted in accordance with the principles of the Nagoya Protocol, which ensures access to genetic resources and the subsequent fair and equitable distribution of the benefits derived from their exploitation. The purpose of the Greenlandic legislation is also to ensure that a fair share of the proceeds from the exploitation of genetic resources is allocated to Greenland.

The distribution of proceeds may consist of monetary and non-monetary benefits, and may be negotiated individually between the Government of Greenland and the applicant. Dividends may consist of royalties, milestone payments, knowledge sharing and education, training and the equivalent.

The Government of Greenland has the sovereign right to disposal and exploitation of Greenland's genetic resources, and to allow other parties to collect and exploit Greenland's genetic resources, and to set and agree upon terms accordingly.

The exploitation of genetic resources from Greenland, whether the exploitation takes place within or outside of Greenland, is not allowed without the granting of an exploitation permit from the Naalakkersuisut.

Fine, compensation, confiscation, etc.

A fine may be imposed on any party, which:

• Exploits genetic resources without a permit or an agreement to that effect, where a permit or agreement is required under the Inatsisartut Act.
• Violates the terms of the permits granted under the Inatsisartut Act or dividend sharing agreements entered under the Inatsisartut Act or any terms or conditions stipulated in the Inatsisartut Act.
• Provides false or misleading information, or conceals information to which an authority is entitled to under the Inatsisartut Act or under any terms or conditions stipulated in the Inatsisartut Act.
• Fails to comply with any injunctions issued pursuant to the Inatsisartut Act or with any provisions issued pursuant to the Inatsisartut Act.

The Naalakkersuisut may confiscate genetic resources, which have been exploited without an exploitation permit or are in breach of conditions stipulated in an exploitation permit, a dividend sharing agreement or provisions stipulated pursuant to the Inatsisartut Act.

The Naalakkersuisut may set more detailed terms and conditions for compensation or confiscation of intellectual property rights and other forms of proceeds from genetic resources that are obtained without entering into a dividend sharing agreement with the Naalakkersuisut, or are in breach of a dividend sharing agreement with the Naalakkersuisut.