Reality of the Benefit-Sharing Mecanism Regarding Traditional Knowledge Associated to Biodiversity in Brazil
Main Article Content
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.
Article Details
I (we) submit this article which is original and unpublished, of my (our) own authorship, to the evaluation of the Veredas do Direito Journal, and agree that the related copyrights will become exclusive property of the Journal, being prohibited any partial or total copy in any other part or other printed or online communication vehicle dissociated from the Veredas do Direito Journal, without the necessary and prior authorization that should be requested in writing to Editor in Chief. I (we) also declare that there is no conflict of interest between the articles theme, the author (s) and enterprises, institutions or individuals.
I (we) recognize that the Veredas do Direito Journal is licensed under a CREATIVE COMMONS LICENSE.
Licença Creative Commons Attribution 3.0