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ID: <

oai:doaj.org/article:a47d66de7ad94b8fb104b3848b48aab6

>

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The Nagoya Protocol on the use of genetic resources:

Abstract

The aim of this article is to highlight the negotiation process of the Nagoya Protocol on the Use of Genetic Resources adopted in October 2010. By addressing myths and realities associated with the exploitation of biodiversity from a broader perspective, we are looking to discuss how and why the arguments used by developed and developing countries have finally been reconciled, resulting in a new international legal framework. The article demonstrates to what extent this Protocol allows the provisions of the Convention on Biological Diversity to be applied consistently to relevant international legislation (e.g. on intellectual property). It also aims to assess whether the protocol will reduce the existing gap between the legal concepts built by “biodiplomacy” and the real and practical needs of scientists and businesses. Finally, it seeks to estimate the impact of this document and its implementation on existing structures, with a focus on Brazilian experience.

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