Sustainability or Colonialism? Legislative obstacles to research and development of natural products and patents on traditional knowledge in Brazil

Abstract

Historically, developed countries have benefited from the biodiversity and traditional knowledge of developing countries. Since the Convention on Biological Diversity (CBD) was approved, the world-view regarding access to biological resources has changed. This change marked the introduction of legal agreements regarding access to genetic resources, traditional knowledge and benefit sharing, seeking a fair return for owners and local communities. Unfortunately, as with most national laws, these legal devices complicated collection programs and research initiatives, and diminished the emphasis on the discovery of natural products. There remains a lack of discussion on the establishment of a fair international market value for the access to genetic resources. While Brazil still has advantages and opportunities in this arena, the issue sets barriers for research and development. The protective measures are being reviewed in the project bill 7735/2014, which brings improvements, yet it is still controversial. For this short communication we consulted journals, conference proceedings, as well as scientific and journalistic magazines to report some of the disastrous consequences of the implementation of national laws regarding CBD. We suggest a new focus for decision-making policies based on more efficient field inspections, the empowerment of traditional communities and further associated research in order to ensure the claims of CBD as well as to ratify the Nagoya Protocol.