Juridical and sociocultural problems on the definition of a law concerning property, usage and access to genetic resources in Colombia.
The property, usage, and access to genetic resources, is today one of the primary topics in international business, as a result of the strategic importance of the resources for the biotechnology industry. Internationally, the sovereignty that each country has over its natural patrimony is recognized. However, the new laws of international marketing have obligated countries in the process of development, such as Colombia, to adopt and copy a concept of intellectual property on living resources that does not have anything to do with the country's sociocultural identity, and sometimes even does not take into account its material enjoyment. The new juridical movement that treats genetic resources as private property produces a cultural conflict between indigenous populations, Afro-Americans and peasants, because for them the genetic resources are an element of community life. In these communities, knowledge is freely transmitted; it is an understanding that they have to conserve their agricultural customs and the relationship that they have with the environment. They do not recognize the term "property' according to patenting laws. These elements have to be considered, respected, and guaranteed in the laws that recognize the genetic resources in the country. On the other hand, not even countries that are pioneers in biotechnological development can adopt a concept about patents that is in agreement with the particularities that the living materials possess. This is obviously the reason for the numerous discussions on the legal interpretation, as well as complicated debates in court. Confronting that situation, there are countries rich in biodiversity, such as Colombia, but which do not have a proper concept and are not economically strong in the international context. These countries have to copy inadequate protection policies that do not take into account all their rights. This paper describes some of the technical, juridical, and sociocultural difficulties which Colombia has to confront, in order to set a guideline on patenting living organisms, and on the access and usage of the genetic resources.
Calle
R
R
Faculty of Law, Biotechnology Program, University of Antioquia, Medellín, Colombia.
D001947:Breeding / Q000331:legislation & jurisprudence; D003105:Colombia; D003247:Conservation of Natural Resources / Q000191:economics / Q000331:legislation & jurisprudence*; D003466:Cultural Characteristics; D003906:Developing Countries / Q000191:economics; D004345:Drug Industry / Q000191:economics / Q000331:legislation & jurisprudence; D017753:Ecosystem; D004989:Ethics; D005006:Ethnicity; D005101:Expeditions / Q000331:legislation & jurisprudence; D017408:Guidelines as Topic; D006801:Humans; D018973:Intellectual Property; D007391:International Cooperation; D008004:Licensure / Q000331:legislation & jurisprudence*; D009316:National Institutes of Health (U.S.); D010330:Patents as Topic / Q000331:legislation & jurisprudence; D010598:Pharmacognosy / Q000191:economics / Q000331:legislation & jurisprudence; D011057:Politics; D012959:Socioeconomic Factors; D013020:South America; D014481:United States