Abstract

CARLA SILVESTRI, Luciana. Access to genetic resources and benefit-sharing in Colombia: challenges of the legal framework. Investig. desarro. [online]. 2016, vol.24, n.1, pp.1-25. ISSN 0121-3261.  https://doi.org/10.14482/indes.24.1.8682.

The research analyzes the implementation challenges the Colombian regime on access to genetic resources and benefit-sharing presents through the use of the legal method and a descriptive and comparative analysis. The access and benefit-sharing regime intends to slow down biodiversity loss amongst other goals. The regime appears incomplete and not systematized. Also, the procedure for access to genetic resources emerges excessively bureaucratic and inefficient, hindering biodiversity scientific research in the country. Fortunately, the recent simplification of the procedure for conducting research on genetic resources for non-commercialpurposes could help solve the problema at least for these kind of projects. Likewise, the established consultation to indigenous and black communities for the access to genetic resources located in their territories does not guarantee their effective participation. Finally, established compliance measures only cover compliance with the Colombian law and that of the Andean countries; therefore they do not satisfy the provisions of the Nagoya Protocol.

Keywords : access and benefit-sharing; genetic resources; agoya Protocol; Colombia.

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