Fundamental Definitions
National Genetic Heritage (PG)
In the definition of the Ministry of Environment and Climate Change, the National Genetic Heritage (PG) It is "the set of genetic information contained in plants, animals and microorganisms, in whole or in their parts (barks, leaves, roots, hair, feathers, skin, etc.), whether they are alive or dead. PG is also contained in substances produced by these organisms, such as resins, latex from plants or animal poisons, and chemicals produced by microorganisms. The Brazilian genetic heritage is found in organisms that occur naturally in Brazil, that is, native living beings or those that acquired specific characteristics in the national territory."(Source: subject Bioeconomy, Genetic Heritage, MMA, 2023).
If you want to know details on the definitions and considerations of the National Genetic Heritage, set out in Law 13.123 / 2015, access the page FAQs – MMA Frequently Asked Questions, items 26.02:
Associated Traditional Knowledge (CTA)
Information or practice of an indigenous population, traditional community or traditional farmer on the properties or direct or indirect uses associated with genetic heritage;
Access to Genetic Heritage and the CTA
Research or technological development carried out on genetic heritage samples; and research or technological development carried out on traditional knowledge associated with genetic heritage that enables or facilitates access to genetic heritage, even if obtained from secondary sources such as fairs, publications, inventories, films, scientific articles, records and other forms of systematization and recording associated traditional knowledge;
Other settings
The definitions below were taken from official documents, according to the bibliography at the end of the text.
Access to associated traditional knowledge
research or technological development carried out on traditional knowledge associated with genetic heritage that enables or facilitates access to genetic heritage, even if obtained from secondary sources such as fairs, publications, inventories, films, scientific articles, registers and other forms of systematization and registration of associated traditional knowledge.
Access to genetic heritage
research or technological development carried out on a sample of genetic heritage.
Benefit sharing agreement
legal instrument that qualifies the parties, the object and the conditions for sharing benefits.
sectoral agreement
act of a contractual nature signed between public authorities and users, with a view to the fair and equitable sharing of benefits arising from economic exploitation arising from access to genetic heritage or associated traditional knowledge of unidentifiable origin.
traditional farmer
natural person who uses traditional local or creole varieties or locally adapted or creole breeds and maintains and conserves genetic diversity, including family farmers.
Biological sample
animal found dead (carcass) or representative part of a specimen.
Certificate of regularity of access
administrative act by which the competent body declares that access to genetic heritage or associated traditional knowledge has met the requirements of Law 13.123/2015
Agricultural activities
production, processing and commercialization activities of food, beverages, fibers, energy and planted forests.
Access or shipping authorization
administrative act that allows, under specific conditions, access to genetic heritage or associated traditional knowledge and the shipment of genetic heritage.
Registration of access or shipment of genetic heritage or associated traditional knowledge
mandatory declaratory instrument for activities involving access to or remittance of genetic heritage or associated traditional knowledge.
Depository center for patent purposes
collection of biological materials that are the subject of patent applications or that are essential for the practical realization of the objects of patent applications, and whose deposits have been submitted to the patent offices as a complement to their description.
Scientific biological collection
Brazilian collection of biological material duly treated, preserved and documented in accordance with norms and standards that guarantee safety, accessibility, quality, longevity, integrity and interoperability of collection data, belonging to the scientific institution with the objective of supporting scientific or technological research and conservation ex situ.
Service Collection
collection of certified biological material duly treated and preserved in accordance with norms and standards that guarantee authenticity, purity and viability, as well as the security and tracking of biological material and associated information.
Pigtail
temporary or definitive removal of specimens from the natural environment or collection of biological samples, followed by transport to a different location. In the case of specimens, removal can be temporary or definitive.
traditional community
culturally differentiated group that recognizes itself as such, has its own form of social organization and occupies and uses territories and natural resources as a condition for its cultural, social, religious, ancestral and economic reproduction, using knowledge, innovations and practices generated and transmitted by tradition .
Conditions ex situ
conditions in which genetic heritage is maintained outside its natural habitat.
Conditions in situ
conditions in which the genetic heritage exists in natural ecosystems and habitats and, in the case of domesticated or cultivated species, in the environments where they naturally developed their own distinctive characteristics, including those that form spontaneous populations.
associated traditional knowledge
information or practice of an indigenous population, traditional community or traditional farmer on the properties or direct or indirect uses associated with genetic heritage.
Associated traditional knowledge of unidentifiable origin
associated traditional knowledge in which there is no possibility of linking its origin to at least one indigenous population, traditional community or traditional farmer.
prior informed consent
formal consent, previously granted by the indigenous population or traditional community in accordance with their uses, customs and traditions or community protocols.
Convention on Biological Diversity
United Nations Treaty established during ECO-92 ⎼ the United Nations Conference on Environment and Development, held in Rio de Janeiro in June 1992. One of the most important international instruments related to the environment, the Convention was ratified by the Brazil and promulgated through Federal Decree No. 2.519 of March 16, 1998.
Technological development
systematic work on genetic heritage or associated traditional knowledge, based on existing procedures, obtained through research or practical experience, carried out with the aim of developing new materials, products or devices, improving or developing new processes for economic exploitation.
Biological diversity or biodiversity
the variability of living organisms of all origins, including, among others, terrestrial, marine and other aquatic ecosystems and the ecological complexes of which they are part; also comprising diversity within species, between species and ecosystems.
Ecosystem
a dynamic complex of plant, animal and microorganism communities and their inorganic environment that interact as a unit
Main elements of adding value to the product
elements whose presence in the finished product is decisive for the existence of functional characteristics or for the formation of marketing appeal.
Sample Submission
sending a sample that contains genetic heritage for the provision of services abroad as part of research or technological development in which the responsibility for the sample lies with whoever provides access in Brazil.
Domesticated or cultivated species
species in whose evolutionary process human beings have influenced to meet their needs.
Specimen
living individual, of a species, at any stage of its development, being defined as a unit of a species.
Habitat
the place or type of location where an organism or population occurs
Territorial sea
The Brazilian territorial sea comprises a strip of twelve nautical miles wide, measured from the low tide line of the continental and island coast, as indicated on large-scale nautical charts, officially recognized in Brazil. Brazil's sovereignty extends to the territorial sea, the overlying airspace, as well as its bed and subsoil.
Biological material
specimens (organisms) or biological samples (parts of organisms or their by-products).
reproductive material
plant propagation or animal reproduction material of any gender, species or cultivation resulting from sexual or asexual reproduction.
product notification
declaratory instrument that precedes the beginning of the economic exploitation activity of a finished product or reproductive material originating from access to genetic heritage or associated traditional knowledge, in which the user declares compliance with the requirements of Law 13.123/2015 and indicates the method of distribution of benefits, when applicable, to be established in the benefit sharing agreement.
genetic heritage
information of genetic origin from plant, animal, microbial or other species, including substances originating from the metabolism of these living beings.
Research
activity, experimental or theoretical, carried out on genetic heritage or associated traditional knowledge, with the objective of producing new knowledge, through a systematic process of knowledge construction that generates and tests hypotheses and theories, describes and interprets the foundations of phenomena and observable facts.
Continental platform
- the continental shelf of Brazil comprises the bed and subsoil of the submarine areas that extend beyond its territorial sea, throughout the entire extension of the natural extension of its terrestrial territory, up to the outer edge of the continental margin, or up to a distance of two hundred miles maritime baselines, from which the width of the territorial sea is measured, in cases where the outer edge of the continental margin does not reach that distance. Brazil exercises sovereign rights over the continental shelf, for the purposes of exploring natural resources.
spontaneous population
population of species introduced into the national territory, even if domesticated, capable of naturally self-perpetuating in Brazilian ecosystems and habitats.
Finished product
product whose nature does not require any type of additional production process, arising from access to genetic heritage or associated traditional knowledge, in which the component of genetic heritage or associated traditional knowledge is one of the main elements of adding value to the product, being able for use by the final consumer, whether natural or legal person.
intermediate product
product whose nature is to be used in a production chain, which will add it to its production process, as input, excipient and raw material, for the development of another intermediate product or finished product.
community protocol
procedural standard for indigenous populations, traditional communities or traditional farmers that establishes, according to their uses, customs and traditions, the mechanisms for access to associated traditional knowledge and the sharing of benefits referred to in Law 13.123/2015.
Associate traditional knowledge provider
indigenous population, traditional community or traditional farmer who holds and provides information on associated traditional knowledge for access.
Locally adapted breed or creole
breed originating from a species that occurs in conditions in situ or maintained in condition ex situ, represented by a group of animals with genetic diversity developed or adapted to a certain ecological niche and formed from natural selection or selection carried out adapted by an indigenous population, traditional community or traditional farmer.
Biological resources
comprises genetic resources, organisms or parts thereof, populations, or any other biotic component of ecosystems, of real or potential utility or value to humanity.
Genetic resources
means genetic material of actual or potential value.
OREWORD
transfer of a genetic heritage sample to an institution located outside the country for the purpose of access, in which responsibility for the sample is transferred to the recipient.
Material transfer term
instrument signed between sender and recipient for the shipment abroad of one or more samples containing genetic heritage accessed or available for access, which indicates, when applicable, whether there was access to associated traditional knowledge and which establishes the commitment to share benefits accordingly with the rules provided for in Law 13.123/2015.
User
natural or legal person that provides access to genetic heritage or associated traditional knowledge or economically exploits finished products or reproductive material arising from access to genetic heritage or associated traditional knowledge.
Sustainable use
the use of components of biological diversity in a manner and at a pace that does not lead, in the long term, to a decrease in biological diversity, thus maintaining its potential to meet the needs and aspirations of present and future generations.
Traditional local or creole variety
variety originating from a species that occurs in conditions in situ or maintained in condition ex situ, composed of a group of plants within a taxon at the lowest known level, with genetic diversity developed or adapted by an indigenous population, traditional community or traditional farmer, including natural selection combined with human selection in the local environment, that is not substantially similar to cultivars commercials.
Exclusive economic zone
The Brazilian exclusive economic zone comprises a strip that extends from twelve to two hundred nautical miles, counted from the baselines that serve to measure the width of the territorial sea. In it, Brazil has sovereign rights for the purposes of exploration and use, conservation and management of natural resources, living or non-living, of the waters overlying the seabed, the seabed and its subsoil, and with regard to other activities aimed at exploring and using the ZEE for economic purposes.