Patents of phytomedicines: how to ensure benefit sharing and sustainable use of genetic resources

Abstract

Patents represent an important role in Research and Development (R&D) promotion and are used to protect inventions that are considered strategic by institutions from public and private sector. In phytomedicines field this point of view must be analyzed in connection with the rights of the country that owns the genetic resource to prepare new active substances. Hereinafter, the analysis of the legal and ethical aspects of the legislation related with Intellectual Property Rights and certain codes of behavior in the study and sustainable use of biological diversity involved is made. The pertinent provisions of the Brazilian legislation are discussed, mainly those related with discoveries concerning biological material isolated from nature. The Brazilian laws about the genetic patrimony, the fair and equitable benefits sharing and the previous agreement as legally based are presented.