Regulation to access to genetic resources and associated traditional knowledge in Brazil

Abstract

The nationwide enforcement of the Convention on Biological Diversity, particularly articles 8j and 15 which address respectively traditional knowledge and access to genetic resources and distribution of the benefits deriving from it's utilization, has generated an intense debate regarding it's impact on research. Today, in Brazil, Provisional Measure 2.186-16/01 (MP), which established the rules for the access and sending of genetic patrimony components and the access to associated traditional knowledge, is in effect. This norm foresaw the creation inside the Ministry of the Environment of a national competent authority the Genetic Heritage Management Council (CGEN), whose activities began in April 2002. In 2003, with the new government, enforcement of the MP tried to address, as far as possible, the demands of sectors of society, publishing acts that clarify concepts which are fundamental for it's enforcement, reducing bureaucracy in the application of the norm and giving greater transparency to the actions of the CGEN. However, as these actions are limited by the legal text in force, a preliminary draft was made for a law to be sent by the Federal Executive Government to the National Congress, after being analyzed by the competent government department. Taking up again the legislative process, began in 1995 and interrupted in 2000 with the first edition of the above MP mentioned, society will have a new opportunity to participate in the discussion of this matter, with deeper understanding.