Abstract

LIZARAZO-CORTES, Oscar; LAMPREA, Natalia  and  DAZA-GACHA, Diana. Contracts for access to genetic resources and patent applications in Colombia: Myths and realities. Rev. colomb. biotecnol [online]. 2019, vol.21, n.1, pp.57-70. ISSN 0123-3475.  https://doi.org/10.15446/rev.colomb.biote.v21n1.78120.

An empirical and updated analysis is made of the patent applications that are processed in the Colombian patent office and that require a contract for access to genetic resources or derivatives (CARG or PD). 15 cases of this type of requests are identified and from the study of the process, the main existing myths on this subject are identified, analyzing for each one whether they are true or false statements. It is highlighted that there are improvements in the times and number of access contracts signed by the Ministry of Environment and Sustainable Development (MADS), that patent applicants and /or attorneys are not making a correct use of the sworn statement about the use of genetic resources or PD, and that still needs to be improved in the identification of cases that require CARG or PD by the Patent Office Superintendence of Industry and Commerce (SIC). Likewise, the obligations acquired by the signatories of the CARG or PD and the monetary and non-monetary benefits that the MADS is demanding are analyzed, finding that while the obligations are usually standard for all the CARG or PD, the agreed benefits, both monetary and non-monetary are different. It concludes by identifying the main topics and actors on which the training on these issues should be reinforced and the spaces to improve the interaction between the patents and environmental authorities.

Keywords : Disclosure of origin; derivatives; access and benefit sharing; Nagoya Protocol; permits.

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