Biodiversity and Associated Traditional Knowledge: The New Legal Protection Regime

Abstract

This article examines international legal instruments that protect biodiversity and traditional knowledge associated with biodiversity, particularly the Convention on Biological Diversity and the Nagoya Protocol. It also analyzes the new national legal framework governing access to genetic resources and the fair and equitable sharing of benefits arising from their use, as well as from associated traditional knowledge. The study highlights the main innovations introduced by Law No. 13,123 of May 20, 2015, which replaced Provisional Measure No. 2,186-16/2001 and entered into force six months after its publication. The article focuses on wild biodiversity and its use for pharmaceutical, cosmetic, chemical, and industrial purposes.