Access to Brazilian Genetic resources: Recordal of the access of Brazilian Genetic Heritage or Associated Traditional Knowledge at CGEN

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July 06, 2017


Brazilian Law No. 13.123/2015, the so-called “Biodiversity Law”, sanctioned on May 20, 2015 and into force since November 17, 2015, brought as one of its main features the creation of an electronic register wherein parties interested in performing activities involving the Brazilian genetic heritage or associated traditional knowledge must simply perform the recordal of these activities at CGen (Genetic Heritage Management Council) without going through the previous approval process as made in the past.

Activities such as research or technological development (also called “access”) carried out on a sample of the Brazilian genetic heritage or remittance of such samples abroad, should be registered on an electronic registration system called SisGen (National System for Management of the Genetic Heritage and Associated Traditional Knowledge) before filing any form of intellectual property right, publishing scientific data or selling finished or unfinished product or before remittance of such samples.

Presidential decree nº 9.085/2017 of June 29, 2017 creates CGen’s Executive Secretary. This decree comes into force on July 27, 2017 and SisGen is expected to be officially available for recordal of the above activities on this date. This information should still be officially confirmed. 

Any developments will be promptly informed.




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