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BRAZIL’S MAIN REGULATION ON BIODIVERSITY AND ACCESS TO ASSOCIATE TRADICIONAL KNOWLEDGE AND TO GENETIC HERITAGE

BRAZIL’S MAIN REGULATION ON BIODIVERSITY AND ACCESS TO ASSOCIATE TRADICIONAL KNOWLEDGE AND TO GENETIC HERITAGE Main regulation: Provisional Measure 2.186-16/2000

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BRAZIL’S MAIN REGULATION ON BIODIVERSITY AND ACCESS TO ASSOCIATE TRADICIONAL KNOWLEDGE AND TO GENETIC HERITAGE

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  1. BRAZIL’S MAIN REGULATION ON BIODIVERSITY AND ACCESS TO ASSOCIATE TRADICIONAL KNOWLEDGE AND TO GENETIC HERITAGE • Main regulation: Provisional Measure 2.186-16/2000 • “determines that access to associated traditional knowledgeand to genetic heritage extant in the Country, as well as its shipment abroad, should only be carried out with the consent of the Union, and instituted the Genetic Heritage Management Council (CGEN) as the competent authority for thispurpose.” REGULATING AGENCY Council for the Management of Genetic Resources – CGEN. • Representatives of Government Bodies and Public • Research Entities • Private sector (2003)

  2. ATRIBUTIONS: • Deliberate and Issue Technical Rules for Access and Shipment of Samples • Issue Directives / Approve Contracts for Access and Benefit-Sharing • Regulate Access to Biological Resources and Traditional Knowledge relating to: • Technological development • Biological prospection • Other commercial and industrial purposes • Scientific research (IBAMA / CNPq) • SINCE THEN……..

  3. PROBLEMS: • The transfer of biological material (mainly out of the country) for research purposes was not considered and simply forbidden without a special authorization. • The CGEN could not take care of the demand for special authorizations – more than one year to get the authorization. • The dissertations, thesis, collaboration - STOPPED • International problems especially with Museums abroad (Smithsonian, AMNH, London, Paris …..). Not only for taxonomy but, for example, also for exchanging material for studies on diseases, tumors ….. • MATERIAL TRANSFER AGREEMENT – MTA – national and international institutions

  4. Resolution 21/2006 Research and scientific activities that do not fit into the concept of access to the components of the genetic heritage (genetic patrimony) in the Provisional Measure or Bill 2.186-16/01: I – theresearchaiming to evaluateandelucidatetheevolutionaryhistoryof a speciesortaxonomicgroup, therelationshipsamongspeciesand living organismsandofthesewiththeenvironment, orthegeneticdiversityamongpopulations; II – thetests for checkingpaternityorfatherhood, techniques for definingsexesandkaryotypeor DNA that are aimedattheidentificationofspeciesorspecimen; III - theepidemiologicalresearch, orresearchaimedattheidentificationofetiologicalagentsofdiseases as well as themeasureofconcentrationwithinorganismsofsubstancesknown as indicativeofdiseases; IV - theresearchthatsupportstheconstructionof DNA banks, germoplasmcollections, tissuesorbloodcollections.

  5. Technicalorientationpublished in September/2008 – ConceptofBioprospection – to identifywhat is “potentialcommercial use” of a component of the genetic heritage (genetic patrimony) – the moment when the exploratory activity (research) confirms the viability of industrial production or process from a functional attribute of this component.

  6. THANK YOU! LUCIANE MARINONI FEDERAL UNIVERSITY OF PARANÁ CURITIBA/BRAZIL LMARINONI@UFPR.BR

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