On May 20, 2015, the President of the Republic sanctioned the Law No. 13,123/2015, on access to genetic heritage and traditional knowledge, and sharing of benefits for conservation and sustainable use of biodiversity.

The law revoked the Provisional Measure No. 2186-16/2001, setting new rules that aim to incentive private investment in research, development and innovation, as well as to regulate the use of Brazilian biodiversity by foreign entities. Among the innovations, we highlight:

  • Reduction of bureaucracy for researches: requests for authorization were replaced by an online registration.
  • Rules on correction of violations occurred in the past, and suspension of penalties.
  • Exemptions for the obligation to share benefits resulting from economic exploitation of elements from genetic heritage and traditional knowledge.
  • Changes in the methods for sharing of benefits, through the creation of the National Fund for Sharing of Benefits (FNRB) and the National Program for Sharing of Benefits (PNRB). Payments may vary from 0.1% to 1% of the net income resulting from sales of products or reproductive material obtained with access to genetic heritage or traditional knowledge.

Our environmental team is ready to clarify any doubts, as well as to provide legal counseling on such matters.

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