Reality of the Benefit-Sharing Mecanism Regarding Traditional Knowledge Associated to Biodiversity in Brazil

Authors

  • Luciana Laura Carvalho Costa Dias
  • Maria Edelvacy Pinto Marinho

DOI:

https://doi.org/10.18623/rvd.v12i23.520

Keywords:

international law, environmental law, implementation, traditional knowledge associated to biodiversity, Genetic Heritage and Benefit Sharing Agreement.

Abstract

This article contains a legal analysis of the existence or not of the actual achievement of the goals regarding the benefit sharing on the use of traditional knowledge associated with biodiversity in Brazil, as determined by both international and national law. The national legal requirements are faced with those established in international instruments, especially when examined the terms of several Genetic Heritage and Benefit Sharing Agreements. Through detailed analysis of administrative cases presented before the CGEN (Conselho de Gestão do Patrimônio Genético), as well as data collected at the INPI (Instituto Nacional da Propriedade Intelectual), it is drawn a current overview of the real compliance of the legal directives concerning the theme.

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Published

2015-10-30

How to Cite

Dias, L. L. C. C., & Marinho, M. E. P. (2015). Reality of the Benefit-Sharing Mecanism Regarding Traditional Knowledge Associated to Biodiversity in Brazil. Veredas Do Direito, 12(23), 28. https://doi.org/10.18623/rvd.v12i23.520

Issue

Vol. 12 No. 23 (2015): Veredas do Direito “ Direito Ambiental e Desenvolvimento Sustentável

Section

Articles

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