Article 225 of the Brazilian Federal Constitution confirms the ownership of genetic resources: people have the right to enjoy an ecologically balanced environment, which is "the common property of the people and indispensable for the healthy quality of life within each collective, and this property should be protected and preserved for the benefit of present and future generations". According to this clause and the particularity of genetic resources, Brazil believes that such resources are the heritage and inherited property of the federal government.
1992, Brazil established the Genetic Resources Management Committee (CGEN) composed of eight government departments, including the Ministry of Environment, the Ministry of Health and the Ministry of Agriculture. Some scientific research institutions devote themselves to research, and local cultural affairs departments are also involved. CGEN has formulated and promoted the implementation of Brazil's National Biodiversity Conservation Strategy and Action Plan, published the list of endangered animals and plants, determined the priority areas and corresponding management norms for national protection and sustainable utilization and fair sharing of biodiversity benefits, and implemented the national strategy and regional action plan for controlling alien invasive species.
At the same time, with the support of the World Bank and the World Conservation Union, Brazil has also implemented a biodiversity corridor protection plan, and in recent years, it has drafted a bill on the protection of biological genetic resources and products and traditional knowledge. In view of the rapid development of biotechnology, especially the application of genetically modified biotechnology in agricultural development and the expansion of production and application, Brazil also responded quickly and formulated laws and regulations such as the Biosafety Law and the Trade Law of Genetically Modified Commodities.
Regarding related traditional knowledge, Brazil also has clear legal provisions: if traditional knowledge is used for publication and publicity, its source must be indicated; Unauthorized third parties are not qualified to use, test and carry out relevant research and development, and cannot publicize and publish information about traditional knowledge.
In order to prohibit unauthorized people from acquiring and using biological resources and traditional knowledge, Brazilian customs and law enforcement departments have carried out continuous and severe crackdown and censorship activities at all ports and airports. In short, Brazil has stepped up "dike building" in all aspects to stop the outflow of biological resources. CGEN was established to deal with scientific exploration, technological development and biological detection related to biological resources and related traditional knowledge.
Brazil's current Law on Access to Genetic Resources stipulates that genetic resources and derivative products are regarded as public property of Brazilian nationals with special purposes, and contracts for access to these resources should be concluded according to law, regardless of whether these resources and products are material or intangible. The bill further stipulates: "The owners and holders of the commodities and rights mentioned in this article shall be ensured to share in a fair and equal manner the various benefits obtained from the acquisition of genetic resources, the acquisition of traditional knowledge related to genetic resources and derivative products held by indigenous people and local communities, and the acquisition of Brazil's localized and semi-localized crops under the conditions stipulated in this law."
Brazil adheres to the principle of priority permission for the acquisition of genetic resources and the principle of "acquisition and benefit sharing of genetic resources and related traditional knowledge" as the legal basis. Only CGEN is qualified to give priority permission.
In Brazil, the transfer of biological resource specimens to other parts of China or a certain place abroad must be carried out in strict accordance with the "Material Use Transfer Agreement", and even sub-samples must follow this rule. In addition, the use of biological genetic materials also requires the permission of individual owners or government departments. For biological heritage materials used for wider scientific research purposes, the permission of private owners can be exempted, but it must be authorized by CGEN.
Coordinating the two different concepts of priority and prior informed consent, the operation of CGEN is constantly adjusting. However, when it comes to the economic benefits generated by the utilization of genetic resources and traditional knowledge, Brazil adheres to the principle of "acquisition and benefit sharing of genetic resources and related traditional knowledge".
In August 2002, Peru established a "system for the protection of collective knowledge of indigenous people related to biological resources". At the same time, Peru has also taken a series of measures to reduce the generation of "bad patents" and prevent biological piracy. Specific measures include:
1. set up a special working group to investigate foreign patent applications and patents related to "Maca".
Maca, also known as Lepidium Meyenii, is a plant planted by Inca people in Peru for generations and has long been used as a fertility promoting drug. After being slightly modified by some pharmaceutical companies, they applied for patents in the United States, Europe and Australia, and some of them were granted patent authorization. This caused great dissatisfaction among the tribes in the Andean region. To this end, Peru set up a special working group to investigate, which was set up by the Peruvian National Bureau of Competition, National Defense and Intellectual Property Protection (INDECOPI) to investigate Marca's patent application and patent authorization abroad. The working group prepared a report entitled "patents involving Marca: Peru's response" and submitted it to the fifth meeting of the WIPO Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore.
2. Peru has set up a national committee against biopiracy, which is responsible for investigating foreign patent applications and patents related to the misappropriation of Peruvian genetic resources and related traditional knowledge.
According to rauno. 282 1 6 On May12004, Peru established the National Committee for the Protection of Peru's Biodiversity and the Collective Knowledge of Indigenous Peoples (referred to as the National Committee against Biological Theft). The Committee is managed and cooperated by the State Bureau for the Protection of Competition and Intellectual Property Rights, and is composed of representatives of relevant institutions, including the Ministry of Foreign Affairs, the Ministry of Foreign Trade and Tourism, the National Environment Council, the Export Promotion Committee, the National Natural Resources Bureau, the Agricultural Research and Extension Bureau, the National Potato Center, the National Cultural Health Center, the National Andean People's Committee for Indians and Afro-Peruvians in the Amazon, the National Managers' Congress, the Peruvian Environmental Law Association (representing non-governmental organizations) and the Peruvian Natural Products Association.
The main tasks of Peru's National Anti-Biotheft Committee are:
1, establishing a register of biological resources and traditional knowledge;
2. Provide protection against biological piracy;
3. Identify and track foreign patent applications and patents that utilize Peru's biological resources or indigenous collective knowledge;
4. Technical evaluation of the above-mentioned applications and patents;
5. Report the cases studied;
6. Objecting to the above-mentioned patent applications and patents or bringing legal proceedings;
7. Establish information exchange channels with major intellectual property offices in the world;
8. Put forward proposals to protect Peru's national interests in different forums.
An important activity of the Committee is to identify potential cases of biological theft involving Peru's biological resources and traditional knowledge. To this end, it has launched a long-term research and monitoring system.
1999 The Indian Ministry of Medicine and Health has set up a special working group to draft a report for the development and establishment of TKDL. Shri V.K.Gupta, the main sponsor of the project, is the chairman of the National Institute of Scientific Exchange and Information Resources (NISCAIR) of India and the former senior technical chief engineer of the National Information Center of India. 200 1, 1, the project was approved by the Economic Affairs Committee of the Indian Cabinet. At present, the project consists of NISCAIR, Ministry of Science and Technology, Ministry of Health and Family Affairs, Indian Ministry of Medicine and Health (D/OIAM &; H) Developed in cooperation with the Industrial Policy and Promotion Department of DIPP Ministry of Industry and Commerce and implemented by NISCAIR. Indian Ayurvedic expert Patent examiners, IT project assistant, scientists and technical officials from Niskell formed a team and devoted a lot of time to related work. The first phase of the project was completed in August 2003. Once put into use, it will legalize the existing traditional knowledge and protect this information from being patented. Can effectively prevent biological piracy.
TKDL will actually integrate all Unani, Siddka, yoga and natural therapy. These preparations included in it are all translated from ancient books with original images in Indian materia medica. TKDL collates the existing traditional knowledge documents including Indian herbalism into digital form by screening and comparing the available knowledge in the public domain, and adopts five international languages including Hindi. Its first stage goal is to incorporate the information of 36,000 Ayurvedic pharmaceutical preparations into TKDL. The information of Ayurvedic medical preparations in Ayurvedic medical books and books has been digitized, and all slokas preparations have been translated into English, French, German, Spanish and Japanese. In this way, Patent examiners all over the world can use five languages, and it is easy to retrieve information related to traditional knowledge. TKDL project records the traditional knowledge available to the public, and it screens and sorts out the traditional knowledge information in the existing literature. TKDL can be used for modern retrieval and protection of traditional knowledge.
Guizhou Province took the lead in formulating the first law on the protection of traditional intellectual property rights in China. The first draft of Regulations on the Protection of Traditional Intellectual Property Rights in Guizhou Province, formulated by Guizhou Province, has been included in the legislative research plan of Guizhou Provincial People's Government in 2007. An Shouhai, deputy director of the Intellectual Property Office of Guizhou Province, said that the drafting and formulation of this regulation will be an important breakthrough for China to protect traditional knowledge by legal means.
Yu, deputy director of state administration of traditional chinese medicine, proposed to establish a protection and utilization system suitable for the development of traditional Chinese medicine; Amend the provisions of the patent law, trademark law, copyright law and other laws that are not conducive to the protection of traditional knowledge; Revise and improve the Regulations on the Protection of Traditional Chinese Medicine Varieties and the Regulations on the Protection and Management of Wild Medicinal Resources.
Genetic resources are regarded as the common heritage of mankind and should be used free of charge, because the end products derived or developed from them may benefit more social groups and even all mankind. However, genetic resources have obviously affected agricultural production worldwide and benefited all mankind. Therefore, in the past, the interests of resource countries were not considered too much in the utilization of genetic resources. If the final product of genetic resources is more and more protected by intellectual property rights, then the huge benefits will completely belong to the patent owners, and the countries that provide genetic resources will not get any direct or indirect returns. Taking the initiative to prevent and combat "biological piracy" should be regarded as one of the main objectives of the international biodiversity conference. The international community and every country must take action to combat "biological piracy".