New developments in the Brazilian Biodiversity Law
- 11 April 2017
- New legislation
Since November 17, 2015, when the new Biodiversity Law (#13123/2015) went into force, the proposed online data base to facilitate the registration of access to the Brazilian genetic heritage and associated traditional knowledge was not yet implemented. The regulation of the access as well as the sharing of benefits for the conservation and sustainable use of biodiversity needs this data base to be executed and finally reduce the well-known bureaucracy.
As defined in article 12, 2nd paragraph of Law #13123/2015, the registration of the genetic heritage or traditional knowledge access must be made before the requirement of any intellectual property right. In this sense, the decree #8772 of May 11, 2016 stablished the definitions of the National System for the Management of Genetic Heritage and Associated Traditional Knowledge (SISgen), the on-line data base whereby the registration should be performed.
It should be highlighted that anyone who required intellectual property rights that were a result from the access to the Brazilian genetic heritage and associated traditional knowledge between November 17, 2015 and the official date of the SISgen availability, must perform the registration at SISgen in a period up to 1 year from the said availability to regularize its situation. For institutions that have authorization or access regulation and remittance requests still pending during the term of Provisional Measure nº 2.186-16 / 2001 (now revoked), the advice is to reformulate them to the new format of request also within 1 year.
In view of the above, from March 28th to April 02nd, 2017, the SISgen was under tests at the website http://www.mma.gov.br/patrimonio-genetico/conselho-de-gestao-do-patrimonio-genetico. Upon suggestions from the public and specialists in the area, the data base will be further tested and will finally become available to the public. There is no estimate of when the data base will be operating.
As soon as the SISgen is officially available to the public and the one-year period begins, we will promptly inform you.
If you have any questions, do not hesiatte to contact us.
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