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

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Luciana Laura Carvalho Costa Dias
Maria Edelvacy Pinto Marinho

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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