Repartição de benefícios resultantes da exploração econômica de produto acabado ou material reprodutivo oriundo do acesso ao patrimônio genético ou ao conhecimento tradicional associado

Abstract

The New Regulation on Biodiversity, published trough the Law No. 13,123/2015 and Decree No. 8,772/2016, stated several innovations on Brazilian regulation of biodiversity, especially in regards to the access to genetic resources and access to traditional knowledge associated, which concepts will be briefly analyzed, as the historical of legislation on this matter at Brazil. This paperwork aims to study the benefit-sharing resulted from the economic exploration of products and reproductive materials derived from the access to genetic resources or traditional knowledge associated, analyzing the cases when obligation of benefit-sharing applies, its modalities and instruments through the benefit-sharing conditions might be signed. Further, the applicable penalties to the non-compliance with benefit-sharing rules and other potential implications of this non-compliance will be reviewed