Biodiversity: Brazil promulgates the Nagoya Protocol

In the last week of 2023, Brazil promulgated the Nagoya Protocol, an international agreement on access to genetic resources and the benefit-sharing arising to their utilization. The Protocol – which came into force internationally in 2014, and was ratified by Brazil in 2021 -, had its promulgation through Federal Decree No. 11,865 on December 27th, 2023, therefore concluding the process for its internalization in Brazil and incorporating on the country’s legal structure.

The Protocol’s purpose is the fair and equitable sharing of the benefits arising from the utilization of genetic resources, through the appropriate access to said resources and the adequate transference of the pertinent technologies, considering all the rights attached to said resources and technologies, and, upon appropriate funding. The Protocol’s guidelines contribute to the conservation of biological diversity and the sustainable usage of its components.

It is noteworthy that the Protocol’s provisions will not have retroactive effects regarding its implementation, and that the economic exploitation resulted from the reproductive material of species introduced in the country until the date the Protocol came in force (i.e., until July 2nd, 2021) will not be subject to benefit-sharing within the context of agricultural activities.

The Decree considers Federal Law No. 13,123, 2015, as the domestic legislation for the Nagoya Protocol implementation. Said Law provides for access to genetic resources and associated traditional knowledge, as well as the benefit-sharing for the conservation and sustainable use of biodiversity.

Nevertheless, despite addressing the matter, the aforementioned Law and Decree do not cover all the measures and procedures relating to the effective implementation and execution of the Nagoya Protocol in Brazil. Thus, there is an expectation that further normative acts will be edited to enable said implementation.

The full text of Decree No. 11,865 can be accessed here. Our team is available for clarifications on the matter.