CHALLENGES OF INNOVATION ON RESEARCH AND THE VALUE OF INDIGENOUS KNOWLEDGE: CASE STUDIES PATENTS ON PHARMACEUTICAL ACTIVE INGREDIENTS AND OTHER ACTIVE SUBSTANCES FROM PLANTS

• Autor(a) principal: Peralta, Pedro Diaz
• Data de Publicação: 2017
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: AREL FAAr - Amazon's Research and Environmental Law
• Texto Completo: https://www.faar.edu.br/portal/revistas/ojs/index.php/arel-faar/article/view/233

The research explores the need, from Brazilian and other biodiversity-rich areas, of promoting a set of specific laws to regulate the patent granting regime and other equivalent rights arising from Traditional Knowledge, according international recognized principles of Sustainable Development and Good Governance Practices. On the other side, the EU has endorsed the Nagoya Protocol, by Council Decision 2014/283/ EC and Regulation (EU) 511/2014 with the aims of safeguarding of the legitimate rights of traditional societies of origin through the obligation of guarantee its fair use, as evidenced by internationally recognized certificates of conformity or reliable equivalent evidence. The research then briefly examines examples of comparative law and exposes the legal analysis of patent legal regimes, particularly by studying legal tools and introducing some proposals to improve the current regulatory system in the light of the discussion on the role of Traditional Knowledge as source of international obligations.