The Nagoya Protocol on the use of genetic resources:
one embodiment of an endless discussion
DOI:
https://doi.org/10.18472/SustDeb.v2n1.2011.3906Keywords:
Biodiversity, Genetic Resources, Access and Benefit-Sharing, Biodiplomacy, BrazilAbstract
The purpose of this article is to highlight the process of negociation of the Nagoya
Protocol on the use of genetic resources, adopted in october of 2010. While providing
an overview of the myths and realities of biodiversity exploitation, it discusses
how and why the arguments used by developing and developed countries were
finally conciliated, resulting in a new international legal framework. The article
shows wether the Protocol manages to implement Convention on Biological
Diversity and to be consistent with relevant international law (on intellectual
property for instance). It also aims at assessing if the Protocol is likely to reduce
the everlasting gap between the legal concepts built by « biodiplomacy » and the
actual needs and practices of scientists and companies. It finally estimates the
impacts on the already existing frameworks, focusing on the Brazilian experience.
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