INTELLECTUAL PROPERTY


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.