Technology transfer and biodiversity: analysis of brazilian legislation through the access and benefits sharing perspective

Technology transfer and biodiversity: analysis of brazilian legislation through the access and benefits sharing perspective

Author: 
Gustavo da Cruz, and Luciana Nalim Silva Menuchi
Abstract: 

International agreements recognized the need to limit natural resources exploitation, as well as the fair and equitable access and benefits sharing from the genetic heritage.The purpose of this paper is to analyze the Brazilian legislation, in particular on the new legal landmark for biodiversity. It also aims to analyze the interfaces between benefits sharing and technology transfer.Brazil became one of the first countries to create a special legislation about the use and exploitation of biodiversity that prioritizes the conservation and encourage national scientific and technological development. This new legislationprescribe foreign industries to develop research activities associated with Brazilian universities to access the genetic heritage as well as it imposes the benefits sharing through technology transfer mechanisms even if these benefits come from a finished product or amaterial derived produced outside the country. The new legal landmark will serve as an important instrument for countries with interest inBrazilian natural resources. However, the success inatechnology transfer process will depend on the ability to incorporate knowledge and adapt it to new technologies, and alsoit depends on the level of discipline and the monitoring by research institutions and others organizationsinvolved in thiskind of process.

Paper No: 
1196