Traditional Knowledge Laws: Brazil

Subject Matter of Protection

Article 7 - Definitions

(I) Genetic heritage: information of genetic origin contained in samples of all or part of plant, fungal, microbial or animal specimens, in the form of molecules and substances deriving from the metabolism of such living beings and extracts obtained from such organisms, live or dead, encountered in situ, including domestic situations, or kept in ex situ collections after in situ collection within the national territory, on the continental shelf or in the exclusive economic zone. 

(II) Associated traditional knowledge: individual or collective information or practice of the indigenous community or local community, with real or potential value, associated to genetic heritage;

Beneficiaries or Rightholders

Article 7 - Definitions

(III) Local community: human group, including descendants of Quilombo communities, differentiated by its cultural conditions, which is, traditionally, organized along successive generations and with its own customs, and preserves its social and economic institutions;

Scope of Protection

Article 9 - Protection to Associated Traditional Knowledge

The indigenous communities and local communities that create, develop, hold or conserve traditional knowledge associated to genetic heritage are assured the right to:

I - Have acknowledged the origin of the access to the traditional knowledge in all publications, uses, exploitations and dissemination;
II - Prevent non-authorized third-parties for:
A) Use, test, research or exploit of associated traditional knowledge;
b) Disseminate, transmit or forward data or information that constitute associated traditional knowledge, or part thereof;
III - Receive benefits from the economic use by third parties, directly or indirectly, of associated traditional knowledge to which they hold rights, in accordance with this Provisional Act.

Sole Paragraph. For the purposes of this Provisional Act, any traditional knowledge related to genetic heritage may be deemed to be held by the community even if only one member of this community holds this knowledge.

Trigger of Disclosure

Article 31

The grant of industrial property rights by the competent bodies for a process or product obtained using samples of components of the genetic heritage is contingent on the observance of this Provisional Measure, the applicant being obliged to specify the origin of the genetic material and the associated traditional knowledge, as the case may be. 

Content of Disclosure

Article 31

The grant of industrial property rights by the competent bodies for a process or product obtained using samples of components of the genetic heritage is contingent on the observance of this Provisional Measure, the applicant being obliged to specify the origin of the genetic material and the associated traditional knowledge, as the case may be. 

Consequences of Non-Coompliance

Article 30

Any act or omission that contravenes the terms of this Provisional Measure and other relevant legal provisions shall be considered an administrative offense against the genetic heritage and associated traditional knowledge.

§1. Administrative offenses shall be punished, as provided in the regulations under this Provisional Measure, with the following sanctions:

I. a warning;

II. a fine;

III. confiscation of samples of components of the genetic heritage and of instruments used for collecting or processing them, or of products obtained on the basis of information relating to associated traditional knowledge;

IV. confiscation of products derived from samples of components of the genetic heritage or associated traditional knowledge;

V. suspension of sales of the product derived from the sample of components of the genetic heritage or the associated traditional knowledge, and confiscation thereof;

VI. a ban on activities;

VII. partial or total prohibition of the establishment, activity or undertaking;

VIII. suspension of registration, patent, license or authorization;

IX. cancellation of registration, patent, license or authorization;

X. loss or restriction of tax incentives and benefits accorded by the Government;

XI. loss or suspension of financing arrangements with an official credit establishment;

XII. intervention in the establishment;

XIII. a ban on signing contracts with public authorities for a period of up to five years.

[…]

§4. The fines referred to in subparagraph II of paragraph §1 of this Article shall be determined by the competent authority according to the gravity of the offense and as provided in the regulations, and may vary from R$200 (two hundred reals) to R$100,000 (one hundred thousand reals) in the case of a natural person.

§5. If the offense was committed by a legal entity or with its consent, the fine shall be from R$10,000 (ten thousand reals) to R$50,000,000 (fifty million reals), as determined by the competent authority, according to the gravity of the offense and as provided in the regulations.