ACCESS TO GENETIC RESOURCES AND THEIR DERIVATIVES IN...
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ACCESS TO GENETIC RESOURCES AND THEIR DERIVATIVES IN COLOMBIA
Transcript of ACCESS TO GENETIC RESOURCES AND THEIR DERIVATIVES IN...
ACCESS TO
GENETIC
RESOURCES AND
THEIR
DERIVATIVES IN
COLOMBIA
ABS - LEGAL FRAMEWORK
1996 Andean Decision 391
2015 Law 1753 NDP: update legal
1994 CBD Law 165/94
2011 Decree 3570: competences of MADS dependences
2013 Decrees 1375, 1376, Today Decree 1076 of 2015 2014 Resolution 1348: define activities that imply access
2017 Resolution 1352 Modify the Resolution 1348 de 2014
2012 Creation of the group of genetic resources 2015 Manual for requesting the contract for access to
genetic resources and their derivative products
Mechanism adopted by the member countries of the Andean Community - CAN
Andean Decision 391 of 1996 Contract for Access to Genetic Resources and
their Derived Products
In development of the provisions of the Convention on Biological Diversity -CDB
To establish mutually agreed terms between the State as the owner of the resource and the person requesting
authorization to access and use that resource
Decree 1375 of 2013 and Decree 1376 of 2013 compiled today in Decree 1076 of 2015 "Single Regulatory Decree of the Environment and Sustainable Development Sector"
Basic research activities that do not configure access to
genetic resources and derived products
Activities that must sign the contract for access to genetic
resources and / or derived products
• Molecular systematics • Molecular ecology • Evolution • Biogeography
• Collection permit • Use of biological collections
• Biological prospecting • For commercial purposes • For industrial purposes
• Contract for access to genetic resources and their derivatives
• Collecting activities can be granted or samples taken from a biological collection
Bioprospecting: Systematic and sustainable exploration of biodiversity to identify and obtain new sources of chemical compounds, genes, proteins, microorganisms and other products that have the potential to be used commercially.
Diagram for the identification of the activities that configure or not the access to genetic resources and their derived products
What is the origin of the samples with
which the research activities,
bioprospecting and / or commercial or
industrial exploitation will be
carried out?
Native species Those that are naturally distributed in the
country (wild, domesticated or domesticated escape)
Introduced species Those that are not native to Colombia and that entered the country through human
intervention
Human
Microorganisms Whenever they are collected in the
national territory, they will be understood as a native species
What is the purpose of the activities?
Does not require a contract for access to a genetic resource and its
derivative products
Basic non-commercial research
Bioprospecting In any of its phases
Commercial or industrial
Do you carry out activities of molecular systematics,
molecular ecology, evolution and / or biogeography?
Do you do any of these activities? • Separation of DNA and RNA. • Isolation of one or several molecules, produced by the metabolism
of an organism. • When a patent application is sought for products or procedures
obtained or developed from genetic resources or their derived products.
Does not require a contract for access to a genetic resource and
its derivative products Does not require a contract for
access to a genetic resource and its derivative products
Requires access contract to genetic resource and its
derivatives
NO
NO
YES
YES
0
20
40
60
80
100
120
140
Contratos de investigación
Contrato Marco
Contratos comerciales
138
8 8
Nú
me
ro d
e c
on
trat
os
154 Access Agreements to Genetic Resources and their Derivative Products subscribed to 2017
Upcoming short-term contracts to subscribe
196
For commercial purposes 3
For research purposes 33
Requests in process covered by Article 252 of the PND
Law 160
14 Patents derived
from the subscribed
contracts
17 project additions
Nagoya Protocol Article 8: special considerations
• non-commercial research
• health emergency situations: in Review • Genetic resources for food and agriculture: applies the access regime
Manual for requesting the contract for access to genetic resources and their derivative products
http://www.minambiente.gov.co/index.php/bosques-biodiversidad-y-servicios-ecosistematicos/recursos-geneticos/recursos-geneticos#documentos-de-interés Siguiendo la ruta www.minambiente.gov.co “Temáticas”. “Bosques, Biodiversidad y Servicios Ecosistémicos”. “Recursos genéticos”. “Documentos de interés”. “Manual de Solicitud del Contrato de Acceso a Recursos Genéticos y sus Productos Derivados en Colombia”.
