OS "ROYALTIES" DAS APLICAÇÕES TECNOLÓGICAS DO PATRIMÔNIO GENÉTICO NACIONAL E DOS CONHECIMENTOS TRADICIONAIS ASSOCIADOS: O ESTADO BRASILEIRO EM QUESTÃO
The 1992 Convention on Biological Diversity (CBD) and the 2015 New Brazilian Biodiversity Framework (NBBF) established the rules for access to and exploitation of the National Genetic Heritage (CGEN) and Associated Traditional Knowledge (ATK). In addition to issues related to biodiversity conservation and sustainable use of natural resources, both provide for users to realize fair and equitable benefits (FEBS) from commercial applications of National Genetic Patrimony and ATK to genetic
... holders, Indigenous Peoples (IPs) and Traditional Communities (TCs ) providers of ATK. Therefore, the objective of this work was to analyze the indicators presented in the Access and Benefit Sharing Agreement (ABSA) officially registered in Brazil that deal with the access and exploitation of National Genetic Patrimony, IPs, TCs and ATK in Brazil. We analyzed data related to actions, deliberations and benefit distributions from the commercial exploitation of the National Genetic Patrimony and the ATK registered between 2002 and 2017 and published by the Genetic Heritage Management Council (CGEN) and the Brazilian Federal Government Transparency Portal. There was an increase in the registrations of assessments and deliberations, an increase in the number of ABSAs and an increase in monetary amounts distributed. The year 2015 represented 90.0% of the total sum of values distributed between 2002 and 2014. The main users were the companies of the cosmetics sector and the ABSAs were mainly focused on the use of National Genetic Patrimony for application in final products. Only 33% of the ABSAs presented socio-environmental or conservationist character, and only 5.8% predicted technology.