Impacts of Brazil's adhesion to the Nagoya Protocol

With Brazil's recent accession to the Nagoya Protocol, which aims to enable the fair and equitable sharing of genetic resources arising from biodiversity and traditional knowledge, an impact on the patent and technology transfer scenario is expected, accompanied by the demand for adjustments in the Biodiversity Law (Law 13,123/2015) and/or resolutions and internal regulations of the Genetic Heritage Management Council, which does not provide for some of the Protocol's obligations.

The national companies must be aware of the Access and Benefit Sharing legislation when making use of genetic heritage and/or associated traditional knowledge abroad in order to analyze the feasibility of new projects, seeking to comply with the national obligations already applicable and those brought by the Protocol and the foreign legislations.