Colombia fue el primer país en firmar el Protocolo de Nagoya. Este tratado busca establecer un régimen internacional en materia de acceso a. Transcript of Biocomercio y biopiratería. Laura Camila Martinez Laura Valentina Rojas Alejandra mestizo designed by Péter Puklus for Prezi. de la sociedad civil preocupados por la biopiratería, el patentamiento uno de los centros del CGIAR) con sede en Colombia, con apoyo de.

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Universitas Scientiarum 18 2: Despite the evolution of international policy on bioprospecting, Colombian regulations on the matter still lack uniformity with these international policies. Here we examine the effectiveness of Colombian policy on bioprospecting and its consonance with international guidelines and treaties.

To this end, we requested information from the environmental authorities regarding study permits issued for scientific research on biodiversity and access granted to genetic volombia. We also examined the number of research groups in Colombia registered under national directives. For the State to fulfill its duty and promote research in biodiversity, a change in policy must take place to remove the obstacles that hinder the legalization of scientific bioprospecting activities.

Bioprospecting, biologic resources, genetic resources, research permit, public policy, biopiracy, environmental authority, Nagoya Protocol, decision Colombia has an inland area of 1′ Among megadiverse countries 14Colombia is classified globally as a country with high biodiversity. In richness of species it is ranked in 40th oclombia for plant diversity, 5th for mammal, 10th for bird, 30th for reptile, 20th for amphibian, freshwater fish and butterfly diversity Andrade Wilson, who coloombia the concept of biodiversitybelieves that the most part, biodiversity at all levels of the biological hierarchy CJRWillies et al.

The information we have is coloombia limited.

We have no certainty about how many species there are in the world, how many ecosystems or genetic relationships exist, or about the number of species that originate or disappear naturally or as a result of ecosystem alterations. Inthe Convention on Biological Diversity CBD was ratified by Colombia by the incorporation of Lawinto national legislation, since then, bioprospecting has been defined as the systematic biopjrateria, classification and research biopiratedia new sources of chemical compounds, genes, proteins and other products that make up biological diversity and which have real or potential economic value.

Anulada la patente sobre el frijol Enola ¿No lo hemos oído antes? (Sí, sí, sí, sí y sí)

According to Articles 3 and 15 of this Convention, access to biological resources is now considered the sovereignty of each State, and is no longer the heritage of humanity JefferyDuarte and Velho ; therefore, bioprospecting has become a strategy for developing countries, colombua in biodiversity, to increase their ability to conduct scientific and technological activities. Because bioprospecting has had a research-related objective as well as a commercial purpose, a fn between the two has been proposed grounded on basic principles aimed at the conservation of biodiversity CastreeBurtisMishra and Tripathi In synchrony, the Colombian Constitution established two obligations to be implemented by the State around the issue of bioprospecting: The protection of diversity and the integrity of the environment Constitution, colomhia.

The expansion of research Constitution, art. Regarding the advancement of biodiversity research, on Access to Genetic Resources and Benefit Sharing, the Nagoya Protocol AzevedoBuck and Hamiltonwhich was signed by Colombia in Februarystated in its Article 8 literal a.

In line with Decision of of the Andean Community of Nations, the Colombian State regulated scientific research on biodiversity and the access to genetic resources through Decree ofwhich was amended by Decree ofmaking a distinction between the two procedures. Accordingly, the Ministry of Environment and Sustainable Development MADS created special forms to request permission for scientific research in biodiversity and to access of genetic resources.

Under this new regulation, Resolutionspecifically regulates procedures concerning “study permits for scientific research in biological diversity”, and Decree and Biopiraheria ofwhich have been applied in accordance with the mentioned Decree, have regulated access to genetic resources.

Article 2 of Decreementions biological resources in reference to biodiversity research, it is therefore important to establish that biopirageria term “biological resource” refers to the individuals, organisms or parts thereof, populations or any biotic component of value or real or potential use in the genetic resource or its derivatives.

It applies to the study of organisms, or populations excluding molecular studies. On the other hand the term “genetic resources” has been associated to all biological material containing genetic information of value or real or potential use, and it has consequently been applied in molecular studies.

It is mainly research groups that perform bioprospecting activities in Colombia. A study by Duarte and Velho a identified 71 national teams producing scientific and technological knowledge in bioprospecting. To carry out these projects, national researchers should adhere to the procedures set forth by Decree of and Decision ofwhich include the application for a permit to carry out any scientific research project on biological diversity, and concession agreements with the State, should the project require access to genetic resources, and if necessary, undergo a consultation process.

Additionally, a payment to the environmental authority service should be issued for its assessment and follow up of these permits Resolution In other countries like Mexico, a portion of the State’s responsibility to issue study permits has been transferred to recognized and established national researchers or their collaborators, simplifying scientific collections.

In this sense, institutions developing, presenting, performing or following scientific research projects must first be registered with the AACN. Areas requires the authorization of the applicable Regional District, and investigations outside the national Natural Heritage Areas do not require research authorizations, unless the project involves the collection of specimens or samples.


Lastly, Peru has detached scientific research within protected areas from research conducted outside of them. In enn first case, the National Service of State Protected Natural Areas is responsible for issuing permits, and in the second case, the General Forestry and Wildlife Office is the responsible agent.

Often countries with higher rates of biodiversity opt for restrictive legislation biopiratefia bioprospecting practices due to concerns fostered by what some writers have called bioimperialism Duarte and Velho b. Conversely, some countries have seen in their natural wealth and in the interest of developed countries an advantage to strengthen their scientific and technological capabilities, the understanding of their biodiversity and the ability to maximize the allocation of benefits.

Thereon, Colombian government implemented Conpes document ofwhich promoted a biopiratfria policy on biodiversity research, and established conditions to convert the understanding of natural wealth into a national growth and development strategy Conpes Similarly, Conpes document ofwhich generated the policies on biocommerce and biotechnology, has sought to “promote value chainsfornaturalingredients used in cosmetics and pharmaceuticals, and natural ingredients for the food industry, as well as for flowers and tropical foliage, Amazon ibopirateria trees, crafts and ecotourism” Conpes Document ; this requires scientific research on biological biopirareria and activities to access their genetic resources.

This policy recognized the involvement of diverse actors, whose interaction can simultaneously strengthen the participation in the system and also generate a series of socio-environmental conflicts generated by tensions, disagreements, confrontations and clashes between them MADS The legislation applied to these procedures, established a series of steps entailing strict compliance.

The elicitation procedure for a biodiversity research study permit has a duration of 30 days and requires the following steps: According to the provisions of Art. Meanwhile, there are 10 steps which must be followed to attain a permit to access genetic resources: It has hindered the development of the country’s biodiversity research activities and has fostered the current state of illiteracy on biodiversity.

Befittingly, in August the Andean Community of Nations reactivated the Andean Committee on Genetic Resources to review Decisionespecially in light of the Nagoya Protocol, scientific niopirateria technological advancements and the state of international regulations. Colombian government, in turn, began an evaluation of Decree of ; its revision was presented to the scientific and academic community in earlyprior to its final implementation.

This revised proposal sought especially to regulate the access to bjopirateria resources from scientific biodiversity collection permits issued for non-commercial scientific research. In this context, the objective is to illustrate the effectiveness of policies and rules governing bioprospecting activities for scientific purposes in Colombia.

To do biopiraterix, we first examined the operability of biological resources research permits. Then, we analyzed the effectiveness of bioprospecting or access to genetic resources authorization procedures. The third approach was to identify and analyze the evolution and challenges of research groups carrying out these activities, and lastly, we identified the sanctions imposed to those carrying out bioprospecting activities without due consent.

Supporting data is derived from the following sources:. A report on biodiversity research permits issued nationwide, requested by the Biopirateriia from the Autonomous Regional Corporations and the National Park System. The report assembled information on biological resource research permit applications from January to March The following variables were analyzed from this information: Review of the MADS public record of access to genetic resources hereinafter public record that collected information from applications submitted from Biopirayeria to March The following variables were taken into account: This record is posted on the organization’s website.

Given that the record is updated towe completed it by using administrative acts granting authorizations for access to genetic resources during the first quarter ofgiving us a total of ten. A review of biopifateria the bioprospecting projects registered on the Science and Technology ScienTi platform, which collects information from all the Colombian research groups GrupLAC registered with Colciencias. Once the groups participating in bioprospecting projects were identified, we biopieateria three variables: We entered keywords “bioprospecting”, “biodiversity”, “prospecting of biodiversity”, “biocommerce”, “bioactivity”, “phytochemical”, “natural products” and “genetic resources” into the GrupLAC module of this platform.

The data taken into account included research from January to March A review of biopirateriaa sanctions imposed by environmental authorities from January to March as a result of bioprospecting activities that did not comply with the requirements established for bioporateria purpose.

The information obtained on the number of access to genetic resources and biodiversity research permits issued per year, permits issued by environmental authority, research permits and permit processing times was used to create the frequency diagrams in Figure 1.

Study permits for scientific research in biological diversity: Applicants for these permits were, in their majority, natural persons with no institutional filiation declaredfollowed by universities 45then private entities 44and centers for research 29four applications made no specification as to the permit holder. All of the private entities applying for these permits did so in the context of environmental impact studies for future project development. As stated in Article 9 of Decree ofthe environmental authority must grant or deny the permit within thirty days from submittal of the application.

Bioprospecting or access to genetic resources authorizations: According to the MADS public register of access to genetic resources, there have been applications submitted between to March Figure 1a. According to the information obtained from public records, and supplemented by administrative acts carried out by ANLA and MADS between January and Marchauthorizing or denying access to genetic resources, the duration of the procedure has been between 1 and 65 months.


During this period, only one application was denied based on perceived methodological inconsistencies regarding the samples, the validity of the subcontract, sampling protocols used during shipping and capture and sacrifice, along with the contingency plan for the rescue of arboreal animals that remain at risk following sedation.

Of the research groups registered with Colciencias, we found groups that registered bioprospecting projects between January and March Ninety-one are ascribed to universities, 11 to research centers and 3 to private entities.

Sanctions imposed for unauthorized bioprospecting activities: In accordance with Article 46 of Decisionand Act of which established the proceedings of environmental sanctions, persons carrying out bioprospecting activities without due authorization shall be punished; however, only one sanction has ever been imposed in Colombia on this account.

Under MADS Resolution of July 29, the Institute of Biotechnology IBUN of the Universidad Nacional de Colombia, was sanctioned for violating environmental regulations set forth in Article 16 of Andean Decision of and accessing genetic resources by isolating and identifying a microorganism belonging to the genus Lactococcus sp, and obtaining, for research purposes, a naturally occurring biopolymer created by the microorganisms enzymatic activity without having registered the pertinent access contract with the State through MADS.

As mentioned, there has been no research on biodiversity in more than half of the nation’s natural protected areas, or at least, there were no such permits registered. This implies that while these areas are rich in biodiversity, a policy to promote research activities to identify the biodiversity of these protected areas has not been implemented; this would involve human, technological, and economic resources.

It is thought provoking that regarding environmental licensing, only projects involving hydrocarbons requested permits for biological resources research. According to regulations current during the period of this research all types of projects requiring an environmental permit also require an environmental impact study, most of which in turn, require biodiversity studies. This is highly discouraging to scientific research in the country and contravenes the Cklombia duty, established in Decision and the Nagoya Protocol, to promote biodiversity awareness in Colombia.

Another major obstacle faced by researchers is the inordinate amount of time required by environmental authorities to adjudicate on biological resources research permits and access to genetic resources. In the last five years, the overall number of bioprospecting undertakings in Colombia increased nearly 8 times suggesting the importance this subject is acquiring within the country’s scientific interests.

The study on the effectiveness of the Colombian system on this matter evinced that although the implementation of CAN Decision biopirateris enabled the creation of legislation particular to this topic, it has also generated negative impacts for scientific research, to the extent that illicit prospecting activities have become common.

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In an effort to prevent this clandestinity, Decree-Law 19 of extended a one-year amnesty to researchers prospecting without the permits necessary to legalize their access to genetic resources activities. However, this legislative initiative failed in practice; according to the information provided by MADS, no new genetic resource access contracts were reported during the term of this amnesty.

Some of the issues potentially causing these high levels of clandestinity in bioprospecting for scientific purposes are:. While it is fitting to differentiate between the two processes, the procedures to fulfill the first process are just as dilatory as the second. Consequently, an excessively restrictive legislation does not guarantee, in the case of research or access to genetic resources for commercial purposes, a better position in negotiation.

The lack of clarity and unawareness of the scope of the regulations creates inconsistency in the processes. When information reported by the CAR is contrasted with publications or information on the Colciencias platform, we found that projects were commenced or their results had already been prior to being issued a permit by the environmental authority; hence, the permissions were requested in order to legalize research projects in which, for example, the collection of specimens had already taken place.

In some cases, in permissions were granted to research natural resources, despite the applicable regulations stipulated in Decreeonly to later be revoked on the grounds of breach of obligations in accordance with this Decree. A substantial lack of knowledge and expertise as well as a deficiency in technical and administrative skills was blatant in the representatives functioning in the offices of the environmental authorities of the country.

Despite the existing conversation on the prevalent illegality of research biodiversity in the country, the sanctions and limitations provided by law are not enforced. Forasmuch, it is crucial that we strengthen, as it is in most developing countries that are rich in biodiversity, the competencies and the institutional infrastructure required to meet the challenges in these areas Chandra and Idrisova Added to this, are the glaring shortcomings of the information system that manages the applications and the permits for both biological resources research and access to genetic resources.