The Access to Genetic Resources Legislation Process: The Convention on Biological Diversity and other Treaties

• Autor(a) principal: Ferro, A. F. P.
• Data de Publicação: 2006
• Outros Autores: Assad, A L. D., Bonacelli, M. B.
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista Fitos
• Texto Completo: https://revistafitos.far.fiocruz.br/index.php/revista-fitos/article/view/32
• topic: Biodiversity; Biotechnology; Convention on Biological Diversity; International Treaties; Intellectual Property Rights; Legislation; Biodiversidade; Biotecnologia; Convenção sobre Diversidade Biológica; Tratados Internacionais; Direitos de Propriedade intelectual; Regulamentação

The Convention on Biological Diversity was adopted in 1992 and has been signed by 188 countries up to now. The main goals of the Convention are the conservation and sustainable use of biodiversity, and the fair and equitable sharing of the benefits from the use of genetic resources. Property rights are considered one of the main incentives to biodiversity conservation. Nevertheless, many gaps can be found in the text of the Convention, which make it vague in many aspects - especially in those related to property rights, - therefore revealing conflicts between the Convention and other international organizations, for instance the WTO, the WIPO, the UPOV and the FAO. In general, the conflicts are related to the compulsory character of the prior informed consent of the country of origin of genetic resources as well as of the benefit-sharing, to the necessity of disclosing the origin of genetic resources and associated traditional knowledge in patent applications, to the nature of the benefits to be shared, and to the adoption of an International Regime on Access and Benefit-Sharing. Hence, it is urgent that the Convention and the related treaties be implemented in a mutually supportive manner, and that the interests of the many stakeholders are respected so that the integrity of.