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Regional or National Measures

Brazil
ABS Measures
  • Decreto No 3.945 of 28 September 2001, defining the composition of the Genetic Heritage Management Council and establishing the rule for its operation.
  • Decreto No 5.459 of 7 of June 2005, regulating Art. 30 of Medida Provisoria No. 2.186-16 establishing applicable sanction for conducts and actions against genetic heritage and associated traditional knowledge.
  • Decreto No. 4.339 of 22 August 2002, instituting principles and directives for the implementation of the National Biodiversity Policy.
  • Decreto No. 6915 of 29 July 2009, regulating Art. 33 of Medida Provisoria No. 2.186-16 establishing the distribution of royalties and benefits derived from genetic heritage components.
  • Medida Provisoria No. 2.186-16 de 23 de agosto 2001 as clarified by the Genetic Heritage Management Council in their Technical Orientations No 1, 2, 3, 4, 6 and 7; and with the exemptions noted by the Genetic Heritage Management Council lin Resolutions No 26, 29 and 21 as amended by Resolutions No 28 and 30.
  • Resolution No. 05 of 26 June 2003 (of the Genetic Heritage Management Council) as modified by Resolution No 19 of 22 September 2005, establishing guidelines to obtain previous authorization for accessing traditional knowledge associated to genetic heritage for scientific research purposes with no potential or prospect commercial use.
  • Resolution No. 06 of 26 June 2003 (of the Genetic Heritage Management Council), establishing guidelines for obtaining previous authorization for accessing traditional knowledge associated to genetic heritage, with potential or prospect commercial purpose.
  • Resolution No. 07 of 26 June 2003 (of the Genetic Heritage Management Council), establishing guidelines for the elaboration and analysis of Contracts for the Use of Genetic Heritage and Benefit-Sharing signed among private parties and which do not involve associated traditional knowledge or wildlife components.
  • Resolution No. 08 of 24 September 2003 (of the Genetic Heritage Management Council), characterizing as a case of relevant public interest the access to components of the genetic heritage present in private property with the purpose of conducting scientific research which contribute towards the advance of knowledge and which do not present a previously identified potential economic use.
  • Resolution No. 09 of 18 December 2003 (of the Genetic Heritage Management Council) as modified by Resolution No 19 of 22 September 2005, establishing guidelines for obtaining previous authorization for accessing to genetic components located in indigenous lands, private areas or local communities properties with scientific research purpose with no potential or prospect of commercial use.
  • Resolution No. 11 of 25 March 2004 (of the Genetic Heritage Management Council), establishing guidelines for elaborating Contracts for the Use of Genetic Heritage and Benefit-Sharing, which include access to components of genetic heritage or associated knowledge provided by indigenous or local communities.
  • Resolution No. 12 of 25 March 2004 (of the Genetic Heritage Management Council) as modified by Resolution No 22 of 28 September 2006, establishing guidelines for obtaining previous authorization for access to components of genetic heritage, with bioprospection or technological development purposes.
  • Resolution No. 17 of 30 September 2004 (of the Genetic Heritage Management Council), giving rules on the procedures for bioprospecting and for the technological development of products or processes resulting from previously authorized access.
  • Resolution No. 18 of 7 July 2005 (of the Genetic Heritage Management Council) establishing criteria for storage, use and conservation of samples, as modified by Resolutions No. 24 and 33.
  • Resolution No. 20 of 19 June 2006 (of the Genetic Heritage Management Council) regarding the shipment of components that are found in-situ but kept ex-situ for scientific research development without economic potential uses. It includes a model of standard Material Transfer Agreement and a standard Identification Label.
  • Resolution No. 207, of 24 March 2009, (of the National Institute of Intellectual Property) regarding patent application procedures when national genetic heritage has been accessed
  • Resolution No. 25 of 24 November 2005 (of the Genetic Heritage Management Council) regarding the shipment of components that are found in-situ but kept ex-situ for bioprospecting purposes, including a model of standard Material Transfer Agreement and a standard Identification Label.
  • Resolution No. 27 of 27 September 2007 (of the Genetic Heritage Management Council) Establishing guidelines for the development of Contracts for Use of Genetic Heritage and Benefit Sharing when the Union is a party to the contract.
  • Resolution No. 31 of 18 February 2008 (of Genetic Heritage Management Council) including several official forms from the National Authorised Institution for access and shipment of components of genetic heritage.
  • Resolution No. 32 of 27 March 2008 (of the Genetic Heritage Management Council) regarding access to components of genetic resources collected in-situ but kept in ex-situ collections.
  • Resolution No. 34 of 12 February 2009 (of the Genetic Management Heritage Council), establishing compliance with Medida Provisoria No 2.186-16 with regards to concession of patents from the Intellectual Property National Institute.

    • Main ABS Elements

    ABS Element
    Official Title of the Measure
    Description Relevant articles and sections
    Competent National Authority
    Decreto No 3.945 of 28 September 2001, defining the composition of the Genetic Heritage Management Council and establishing the rule for its operation.
    Creation of Executive Secretariat of the Management Council Art. 7
    Responsibilities of Genetic Management Council Art. 3
    Medida Provisoria No. 2.186-16 de 23 de agosto 2001 as clarified by the Genetic Heritage Management Council in their Technical Orientations No 1, 2, 3, 4, 6 and 7; and with the exemptions noted by the Genetic Heritage Management Council lin Resolutions No 26, 29 and 21 as amended by Resolutions No 28 and 30.
    Accredited institutions by the Management Council (access by Brazilian institutions) Art. 14
    Genetic Heritage Management Council Art. 10
    Role Art. 11
    Scope
    Medida Provisoria No. 2.186-16 de 23 de agosto 2001 as clarified by the Genetic Heritage Management Council in their Technical Orientations No 1, 2, 3, 4, 6 and 7; and with the exemptions noted by the Genetic Heritage Management Council lin Resolutions No 26, 29 and 21 as amended by Resolutions No 28 and 30.
    According to Res No. 21 as amended by Res No. 28 and 30, the Medida Provisoria No.. 2.186-16 does not apply to certain types of scientific research and activities. Art. 1 Medida Provisoria No. 2.186-16; Art 1 Res No 21.
    According to Res No. 26, the Medida Provisoria No. 2.186-16 does not apply to the varieties of Saccharum spp. inscribed in the National Crop Register Art. 1 Medida Provisoria No. 2.186-16; Art 1 Res No. 26
    According to Res No. 29, the Medida Provisoria No. 2.186-16 does not apply to certain types of oils elaboration methods. Art. 1 Medida Provisoria No. 2.186-16; Art 1 Res No. 29
    Act does not apply to human genetic heritage Art. 3
    Genetic heritage and traditional knowledge associated to genetic heritage Art. 1
    Prior Informed Consent (PIC) Procedures
    Decreto No 3.945 of 28 September 2001, defining the composition of the Genetic Heritage Management Council and establishing the rule for its operation.
    Authorization for access and shipment of samples of genetic heritage material (Brazilian institutions) Art. 8-10
    Authorization for access by foreign corporation for uses other than bioprospecting Art. 12
    Medida Provisoria No. 2.186-16 de 23 de agosto 2001 as clarified by the Genetic Heritage Management Council in their Technical Orientations No 1, 2, 3, 4, 6 and 7; and with the exemptions noted by the Genetic Heritage Management Council lin Resolutions No 26, 29 and 21 as amended by Resolutions No 28 and 30.
    Access by foreign legal entities authorized only when joined by Brazilian institution Art. 16 (paragraphs 6)
    Access by foreign legal entity for uses other than bioprospecting. Clarified by Technical Orientation No. 3 Art. 12; Art 1 Technical Orientation No. 3
    Authorization for access and shipment of genetic heritage components of endemic and/or endangered species Art. 16 (paragraphs 8-9)
    Authorization from Federal Government for access Art. 2
    Entrance into public or private area for access to samples of genetic heritage components Art. 17
    Mutually Agreed Terms (MATs)
    Medida Provisoria No. 2.186-16 de 23 de agosto 2001 as clarified by the Genetic Heritage Management Council in their Technical Orientations No 1, 2, 3, 4, 6 and 7; and with the exemptions noted by the Genetic Heritage Management Council lin Resolutions No 26, 29 and 21 as amended by Resolutions No 28 and 30.
    Access to and transfer of technology Art. 21-23
    Benefit-sharing Art. 24-25
    Consent to be forwarded to Management Council Art. 16 (paragraph 11)
    Contract for use (commercial use) (for Brazilian institutions) Art. 16 (paragraphs 4-5)
    Contract for use of Genetic Heritage and Benefit-sharing Art. 27-29
    List of accessed material and sub-sample of accessed material (for Brazilian institutions). Clarified by Technical Orientation No. 2 Art. 16 (paragraphs 1-3); Art 1, Technical Orientation No. 2.
    Shipment of samples of genetic heritage components (internally in Brazil) Art 19
    Compliance Mechanisms
    Medida Provisoria No. 2.186-16 de 23 de agosto 2001 as clarified by the Genetic Heritage Management Council in their Technical Orientations No 1, 2, 3, 4, 6 and 7; and with the exemptions noted by the Genetic Heritage Management Council lin Resolutions No 26, 29 and 21 as amended by Resolutions No 28 and 30.
    Administrative sanctions Art. 30
    Compensation for any incurred damage or harm Art. 16 (paragraph 10)
    Payment of compensation for non-compliance of the Act Art. 26
    Traditional Knowledge Associated to Genetic Resources
    Medida Provisoria No. 2.186-16 de 23 de agosto 2001 as clarified by the Genetic Heritage Management Council in their Technical Orientations No 1, 2, 3, 4, 6 and 7; and with the exemptions noted by the Genetic Heritage Management Council lin Resolutions No 26, 29 and 21 as amended by Resolutions No 28 and 30.
    Costumary practices by indigenous communities exempt Art. 4
    Entrance into public or private area for access to samples of genetic heritage components (indigenous lands) Art. 17 (paragraph 2)
    MAT including benefit-sharing Art. 9
    Protection of traditional knowledge Art. 8
    Other
    Decreto No 3.945 of 28 September 2001, defining the composition of the Genetic Heritage Management Council and establishing the rule for its operation.
    Accreditation of a Brazilian institution as trustee of samples of genetic heritage component Art. 11
    Medida Provisoria No. 2.186-16 de 23 de agosto 2001 as clarified by the Genetic Heritage Management Council in their Technical Orientations No 1, 2, 3, 4, 6 and 7; and with the exemptions noted by the Genetic Heritage Management Council lin Resolutions No 26, 29 and 21 as amended by Resolutions No 28 and 30.
    Ex-situ conservation of samples of genetic material Art. 18
    Granting of industrial property rights Art. 31

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    • United Nations Environment Programme