LAW N. 13. 123/2015 AND THE SETBACK IN THE TRADITIONAL KNOWLEDGE PROTECTION

Abstract

This article proposes an analysis of the Law n. 13. 123/15 that disposes, among other aspects, about the rules of access, use and partition of the benefit sharing from the genetic resources of biodiversity and traditional knowledge associated. Initially the article narrates the brief history of the regulation about the theme in the national legal order. Then, it exposes the relationship of traditional knowledge associated with the culture of traditional peoples and communities and identifies the setbacks conducted by the new legal regime by drawing a comparison with the national legislation which, previously, disposed about the subject and the international legal outline. Ahead the law setbacks that reached the traditional knowledge associated are evaluated from the perspective of the progressiveness principle and its interface with the principle of prohibition of retrogression, demonstrating the violation of these principles. At the end, we concluded that the rules of Law n. 13. 123/15 are considered unconventional, and its application should be removed from the practical legal order. The research is conducted descriptively, using bibliographic and documentary material as research techniques.