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COMMON
REGIME
ON
ACCESS
TO
GENETIC
RESOURCES
The
Common Regime on Access to Genetic Resources
was approved by the Commission of the
Cartagena Agreement through
Decision 391, to guarantee the fair and
equitable participation of the Andean
Community countries in the benefits stemming
from the use of the genetic resources.
Prior
to the approval of this rule, in July 1996,
the access to such resources was not
legislated. As a result, the countries of
origin of the rich genetic heritage of the
Andean Subregion did not obtain a fair share
of the economic benefts it produced. And
little or nothing went to the traditional
communities responsible for improving that
heritage.
Henceforth, according to that Decision, those
wishing to use and develop the active
principles of the plants and microorganisms (at
the heart of the research efforts of the
pharmaceutical and the world food industries)
must first secure the necessary authorization
and sign an Access Contract with the State.
The
Community rule expressly recognizes the rights
of native, Afro-American, and local
communities to their traditional know-how,
innovations, and practices with regard to the
genetic resources and their byproducts.
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