The Nagoya Protocol enters into force in Brazil

by | Mar 10, 2021 | Articles, Brazil, Intellectual Property, Life Sciences, Patents, Pharma

The final stage was concluded on March 04, 2021: Brazil ratified the Nagoya Protocol, a multilateral agreement supplementary to the Convention on Biological Diversity that establishes rules of access to genetic resources and traditional knowledge associated with them, as well as the sharing of benefits resulting from that use.

It was a long-awaited step, considering that Brazil appears at the top of the list of megadiverse countries, housing almost 20% of the Earth’s biological diversity and this potential economic value must go hand-in-hand with responsibility for exploitation.

The agreement is based on the principle established by the Convention on Biological Diversity, according to which signatory countries have rights over genetic resources in their territory and may require compliance with regulations arising from the use of these resources by researchers, industries and governmental entities.

With ratification of the Nagoya Protocol, a clear harmony in relationships between national and foreign industries is expected, as actions related to genetic heritage must be in line with the respective country’s rules and legislation.

The Nagoya Protocol came into force on October 12, 2014, and Brazil is present on a list that covers more than 120 countries as members, who seek incentives for the conservation of biodiversity and the sustainable use of genetic resources.

The Nagoya Protocol brings a new paradigm: activities related to local biodiversity may have access control in order to encourage conservation and sustainable use of biodiversity genetic heritage components, as well as the fair, equitable and responsible sharing of benefits of these actions, ensuring legal certainty thereon and fair use of them, in accordance with local country’s regulations, and this will have implications on different topics, including development of the bioeconomy, scientific and technological innovation, and intellectual property rights.

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