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Biodiversity Fetishism and Biotechnology Promises in B razil: From Policy Contradictions to Legal Adjustments
Author(s) -
Filoche Geoffroy
Publication year - 2012
Publication title -
the journal of world intellectual property
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.334
H-Index - 8
eISSN - 1747-1796
pISSN - 1422-2213
DOI - 10.1111/j.1747-1796.2011.00434.x
Subject(s) - commons , state (computer science) , biodiversity , law and economics , natural resource , business , fetishism , intellectual property , political science , environmental ethics , economics , law , sociology , biology , ecology , philosophy , algorithm , computer science , anthropology
This article retraces the development of the B razilian legal framework with regard to access and benefit sharing and the protection by patent of biotechnological innovations. It demonstrates that 20 years on from the adoption of the C onvention on B iological D iversity, B razil no longer has the same attitude or the same expectations with regard to its genetic resources. The control of the State over access procedures and restrictive regimes in terms of patents are increasingly out of step with the concerns of national researchers and companies alike, and are the target of both criticisms and reforms. The scientific community is seeking to acquire prerogatives for managing genetic heritage, while the State is seeking to strengthen the national biotechnology sector. How is the legal environment adjusting to new and sometimes contradictory issues? What is the new interplay between public and private rights when it comes to genetic resources and natural‐based products? To what extent are “commons” systems emerging—both in terms of accessing biodiversity and in terms of protecting innovations?