Instituto Escolhas study brings proposes ways to boost research and innovation through the sustainable use of Brazil’s biodiversity

Study suggests changes to the legal and regulatory framework to encourage access to genetic heritage and associated traditional knowledge

Among the main objectives of Brazil’s Biodiversity Law (13,123 / 2015), from 2015, is that of regulating research and product development activities involving Brazilian native species (those that make up our genetic heritage). The goal was to improve and accelerate research, reducing transaction costs for researchers, companies and traditional communities. However, a new study by Instituto Escolhas shows that, despite some advances in relation to the previous legal framework, the complexity of the processes required by the new legislation; the challenges of governance and inclusion of traditional communities; and the high transaction costs and risks of judicialization still hinder the research and development of products with ingredients from Brazil’s socio-biodiversity.

The study “Unlocking the Bioeconomy Agenda: Solutions to Promote the Sustainable Use of Genetic Resources and Traditional Knowledge in Brazil,” carried out by Instituto Escolhas with the support of the Arapyaú Institute, analyzed all of the legislation and the registration steps for marketing and researching the products of Brazil’s biodiversity, through an extensive survey of the difficulties encountered by different users. The result is an extensive analysis of the process and a series of recommendations on how to improve the regulatory environment and encourage access by researchers, entrepreneurs, and traditional communities to the resources of our socio-biodiversity.

According to Instituto Escolhas Projects and Products Coordinator Teresa Rossi, improving the implementation of the Biodiversity Law is essential to mitigate uncertainties and encourage more users to feel comfortable with the concepts and processes they need to develop their research and business, whether at industrial or community scale.

“The analyzes show that it is necessary to improve the law so that access to Brazil’s genetic heritage becomes more attractive to researchers and companies, regardless of size. This way, we can leverage the potential of the bioeconomy in terms of innovation, technology, and the generation of jobs and income from an economy that is able to keep the forest standing, guaranteeing the participation and the proper sharing of benefits to the traditional communities that hold knowledge,” says Teresa. She adds that, since the Law on Access to Genetic Heritage is related to the area of ​​technology and innovation, it has great potential to add value to the products of the bioeconomy.

“We are talking about exploring genetic components of our species, and not just in natura raw material.  For example, it’s not just about talking about the Brazil nut, but about a component of the Brazil nut that stimulates the production of an enzyme which may have pharmaceutical, nutritional,or cosmetic value, or serve as an input for industrialized products here or in other countries,” states the Escolhas coordinator.

Find out what the study’s proposals are

Conceived and coordinated by Instituto Escolhas and executed by specialists from the Nascimento & Mourão Advogados law firm, the study “Unlocking the Bioeconomy agenda: solutions to boost the sustainable use of genetic resources and traditional knowledge in Brazil” proposed the adoption of administrative actions for management, training, and communication, in addition to changes in the regulatory framework.  They include:

– Facilitation of compliance by foreig actors, with the possibility that the national supplier carries out the procedures on behalf of the foreign legal entity;

– Creation of mechanisms for transparency and for guaranteeing the allocation of resources from the National Fund for the Sharing of Benefits (Fundo Nacional para a Repartição de Benefícios – FNRB)

– Creation of a specific support group for traditional communities, indigenous peoples and family farmers within the structure of the Genetic Heritage Management Council (Conselho de Gestão do Patrimônio Genético – CGen) through the designation of employees of the Department of Genetic Heritage (Departamento do Patrimônio Genético – DPG) or in partnership with representative entities

– Development of capacity-building projects for traditional communities and DPG employees, in order to create an encyclopedia of associated traditional knowledge

– Adoption of specific lines of financing for users who intend to carry out research and development with species from Brazilian biodiversity

The new Instituto Escolhas study follows a series of debates, diagnoses, and initiatives undertaken by the organization since 2019 to discuss ways to stimulate progress in Brazil’s bioeconomy. Another study in the “Unlocking the Bioeconomy agenda” series, the summary “How to boost forest concessions in Brazil,”  launched in November, supported the drafting of Bill 5518/2020, which is being processed by the Chamber of Deputies. On February 23, at 10AM, a special meeting of the Parliamentary Environmentalist Front will analyze the legal bill. Participate in the event at youtube.com/frenteparliamentambientalista (available just in portuguese).