Text to be sent to the Chamber should eliminate the need for prior authorization for the beginning of the research.
Lucio Jr. Bernardo / Chamber of Deputies Brandão Cavalcanti: current system inhibits the sharing of benefits.
The Ministry of Environment is studying a new legislation on patent protection in biotechnology. The draft project will still pass by the Civil House, but must be sent to the Chamber of Deputies the next few months. The Committee on Environment and Sustainable Development discussed the matter with representatives of the Executive on Thursday (31).
The issue of patents in biotechnology is very controversial and divides opinions but everyone involved in the debate agreed on the need to revise the current legislation, of 2001 (MP 2186-16/01), in respect of access and protection to the genetic patrimony and benefit sharing.
According to Secretary of Biodiversity and Forests of Ministry of Environment, Roberto Brandão Cavalcanti, the main focus of the new legislation will be the debureaucratisation, through the elimination of prior authorization, which is now required to begin research on biotechnology. The authorization would be exchanged for registration that a great part of the bureaucratisation is transferred to the end of the process.
“The current system is problematic because, by restricting access, it inhibits tremendously benefit sharing. We want to exonerate it and make an explicit incentive to bioprospecting [search for genetic resources that may lead to the development of a product] in order to build a model of sharing benefits that is agile and works for all parties involved, “said Brandao Cavalcanti.
Lucio Jr. Bernardo / Chamber of Deputies
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Reis Moreira: market wants more legal security to guarantee investments.
According to the secretary, the text is already in the adjustment phase, however, the ministry can still receive suggestions from the productive sector and from the traditional communities.
National Institute of Patent Industrial Property (INPI),
The director of the National Institute of Patent Industrial Property (INPI), Júlio César Moreira Reis, said the main obstacle of the current norm is the need for the applicant to notify the agency that accessed the genetic patrimony and the obligation by law, to submit a sharing benefits contract benefits. “These are triggers that prevent us from processing a patent application efficiently. Very often, we have to deny the patent application because the applicant did not have time or did not know how to answer about what he intends to do. This causes uncertainty in the process and just messing up the internal processing in the INPI, “he maintained.
Julio César said that the market wants clear rules on procedures, less bureaucracy and more legal certainty for guarantee investments.
Genetic Patrimony
The vice-chairman of the Environment Commission, Sarney Filho (PV-MA), said that he will submit a proposal for amendment to the Constitution (PEC) to ensure to the Nation the property on Brazilian genetic patrimony.
Reporting – Luiz Claudio Canuto