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Nagoya Protocol approval

On July 8th, 2020, Brazilian Chamber of the State Representatives approved the Bill of Legislative Decree #324/20, which ratifies Nagoya Protocol in Brazil. The Bill will now go to Senate for appreciation.

The text of Nagoya Protocol was conceived at the tenth meeting of the Conference of Parties (COP 10) of the Convention on Biological Diversity (CBD), in Nagoya, Japan, in the year 2010, and entered in force on October 12th, 2014. Despite being one of the first signatories to this international agreement, Brazil had not ratified it yet.

Nagoya Protocol brings a set of guidelines that orientate commercial relations between countries that provide biodiversity and its users, aiming to implement the third structuring pillar of the CBD, which is the fair and equitable sharing of benefits derived from the use of genetics resources and associated traditional knowledge.

In summary, Nagoya Protocol guarantees to the biodiversity’s holder the sovereignty to regulate the access to their genetic resources and assures them a fair and equitable sharing of benefits arising from this exploitation. In this sense, everyone who accesses Brazilian genetic resources and/or associated traditional knowledge, including international institutions, would be subject to Brazilian Law 13.123/2015 (Brazilian Biodiversity Law).

Gusmão & Labrunie will continue to monitor this matter of great importance for its clients and is available to answer any questions that may arise.