BRAZIL’S MAIN REGULATION ON BIODIVERSITY AND ACCESS TO ASSOCIATE TRADICIONAL KNOWLEDGE AND TO GENETIC HERITAGE

Main regulation: Provisional Measure 2.186-16/2000“determines that access to associated traditional knowledge and to genetic heritage extant in the Country, as well as its shipment abroad, should only be carried out with the consent of the Union, and instituted the Genetic Heritage Management Council (CGEN) as the competent authority for this purpose.”

REGULATING AGENCY Council for the Management of Genetic Resources – CGEN.

Representatives of Government Bodies and PublicResearch Entities

Private sector (2003)

PROBLEMS:

The transfer of biological material (mainly out of the country) for research purposes was not considered and simply forbidden without a special authorization.

The CGEN could not take care of the demand for special authorizations – more than one year to get the authorization.

The dissertations, thesis, collaboration - STOPPED

International problems especially with Museums abroad (Smithsonian, AMNH, London, Paris …..). Not only for taxonomy but, for example, also for exchanging material for studies on diseases, tumors …..

MATERIAL TRANSFER AGREEMENT – MTA – national and international institutions

Resolution 21/2006

Research and scientific activities that do not fit into the concept of access to the components of the genetic heritage (genetic patrimony) in the Provisional Measure or Bill 2.186-16/01:

I – the research aiming to evaluate and elucidate the evolutionary history of a species or taxonomic group, the relationships among species and living organisms and of these with the environment, or the genetic diversity among populations;

II – the tests for checking paternity or fatherhood, techniques for defining sexes and karyotype or DNA that are aimed at the identification of species or specimen;

III - the epidemiological research, or research aimed at the identification of etiological agents of diseases as well as the measure of concentration within organisms of substances known as indicative of diseases;

IV - the research that supports the construction of DNA banks, germoplasm collections, tissues or blood collections.

Technical orientation published in September/2008 –

Concept of Bioprospection – to identify what is “potential commercial use” of a component of the genetic heritage (genetic patrimony) –

the moment when the exploratory activity (research) confirms the viability of industrial production or process from a functional attribute of this component.

THANK YOU!

LUCIANE MARINONIFEDERAL UNIVERSITY OF PARANÁ

CURITIBA/BRAZIL

LMARINONI@UFPR.BR