Access legislation on genetic resources patrimony and traditional knowledge

EDITORIAL

Access legislation on genetic resources patrimony and traditional knowledge

Fernanda Álvares Silva^I; Laila Salmen Espindola^II

^ICenargen/Embrapa, Brasília, Brazil

^IILaboratório de Farmacognosia, Universidade de Brasília, Brazil

Brazil, a country member of the Convention on Biological Diversity, regulated the access to genetic resources and traditional knowledge through the Provisional Measure N° 2186-16, 2001.

The Genetic Heritage Management Council (CGEN), a legislative and deliberative body under the Ministry of Environment is responsible for the evaluation of research projects related to genetic patrimony and traditional knowledge for scientific purposes, bioprospecting and technological development.

CGEN accredited IBAMA (Brazilian Institute for the Environment and Renewable Natural Resources) and CNPq (National Council for Scientific and Technological Development) also to allow for research involving access to genetic resources as a way to create a network of institutions able to issue permits, decentralizing the system.

The institution interested in research and use Brazilian biodiversity assets in their studies should provide the necessary documentation before the beginning of research, ad request authorization from the competent organs, and thus will not be subject to the penalties provided for cases of unauthorized access.

The legislation distinguished research in three purposes: scientific purposes, bioprospecting and technological development, both for access to genetic resources and to traditional knowledge.

When the research does not aim directly, the development of products it is scientific research in accordance with applicable law.

In accordance with the provision of paragraph 6 of CGEN, article one for purposes of applying the provision of art. 7 item VII, the Provisional Measure N° 2186-16 of August 23, 2001, it is identified as "potential of commercial use" of certain components of genetic heritage at the time that the exploratory activity confirm the feasibility of industrial or commercial production of a product or a process from a functional attribute of this component.

According to the CGEN Newsletter, about OT N°. 06, projects involving access to genetic patrimony shall only be classified as bioprospecting from time to initiate activities aimed at assessing the feasibility of industrial production or trade of a product or process from a functional attribute of this component. For example, cases in which tests, which until then held in a bench scale are being conducted on an industrial scale. At this stage of evaluation, it is quite possible to arrive at a product or process capable of commercial exploitation, i.e. to reach the technological development.

To develop activities of research projects involving access to genetic resources for scientific research purposes, for example, study of biological activity of plant extracts (anti-inflammatory, antioxidant, etc.); the request may be by means of requests submitted to IBAMA and CNPq. The bodies have been accredited by CGEN to issue permits for scientific research purposes, without access to traditional knowledge. More information is available on the websites www.cnpq.br and http://www.ibama.gov.br/recursos-florestais/servicos/acesso-ao-patrimonio-genetico/.

For commercial purposes such as bioprospecting and technological development, CGEN is the body that authorizes such purposes. All research involving traditional knowledge related to any of the purposes of scientific research, bioprospecting and technological development would also be authorized by CGEN. More information can be found on the website: http://www.mma.gov.br/cgenhttp://www.mma.gov.br/cgen.

Brazilian Journal of Pharmacognosy

21(1): Jan./Feb. 2011

Publication Dates

• Publication in this collection
  28 Mar 2011
• Date of issue
  Feb 2011