The Nagoya Protocol on Access and Benefit-sharing

Access and Benefit-sharing // Details of Measure

Details of Measure

General Description
Country or Region Brazil
Official Title 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.
Level National/Federal
Type of Measure Legislation
Status
Status of Measure Entered into force
Date of Entry into Force 2001-08-24
Additional Information
Full-text of Measure Document

Main ABS Elements

ABS Element
Description Relevant articles and sections
National Focal Point Link to Brazil - National Contacts
Competent National Authority
Accredited institutions by the Management Council (access by Brazilian institutions) Art. 14
Genetic Heritage Management Council Art. 10
Role Art. 11
Scope
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
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)
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
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
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
Ex-situ conservation of samples of genetic material Art. 18
Granting of industrial property rights Art. 31