One step closer to the ratification of the Nagoya Protocol

August 10, 2020

The Brazilian Senate on August 6, voted on the text of the Bill of Legislative Decree #324/20 which approves the Nagoya Protocol in the country. The text had already received a positive consideration by the House of Representatives. Now, the President should enact a federal Decree allowing the treaty to take effect in Brazil, as reported in our Client Alert of July 14, 2020.

The Nagoya Protocol is a multilateral agreement auxiliary to the Convention on Biological Diversity and aims at implementing the latter’s objective related to the sharing of benefits arising from the utilization of genetic resources and the traditional knowledge associated with them in a fair and equitable way. Accordingly, Member States should enforce the requirements for access and benefit sharing – including prior informed consent and mutually agreed terms – established by the countries providing the genetic resources or associated traditional knowledge.

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