Decree No. 6159, July 17 2007

Original Language Title: Decreto nº 6.159, de 17 de Julho de 2007

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Decree No. 6159, 17 JULY 2007.
Changes the Decree No. 3945, of 28 September 2001, which defines the composition of the genetic heritage management Council and lays down rules for its functioning, through regulation of the arts. 10, 11, 12, 14, 15, 16, 18 and 19 of the provisional measure in 2,186-16, of August 23, 2001 that rules on access to the genetic heritage, protection and access to associated traditional knowledge, the distribution of benefits and access to technology and transfer of technology to its conservation and use.
The PRESIDENT of the REPUBLIC, in the use of the powers conferred. 84, subparagraphs IV and VI) (? the?, of the Constitution, and in view of the provisions of the Provisional Measure 16, 2,186-August 23 2001, DECREES: Art. 1 the Decree on 3945, of 28 September 2001, with the following changes:? Art. 20................................................................................................................................................. § 7 in order to subsidize decision-making, the Management Board may deliberate for the invitation of experts or representatives from different sectors of society involved with the subject? (NR)
? Art. 8............................................................................................................................................... § 4 in cases of access authorization to genetic heritage for bioprospecting, the submission of Contract of use of genetic heritage and benefits ' sharing may be postponed by the Management Board, since the person concerned declare there is no prospect of commercial use and the consenting party envisages, in Term of prior informed consent, different moment for the formalization of the contract.
§ 5 in the case provided for in § 4, the formalization of the contract of use of genetic heritage and benefits ' sharing should always precede the technological development and the filing of the patent application.
§ 6 in the case provided for in § 4, in the case of consignment to the genetic heritage component abroad, should be signed Material transfer Term containing the receiving institution to express commitment not to give in to the third component of genetic heritage, start technological development activity or deposit patent application, without prior signature of the contract and the corresponding authorisation of the Management Board When this is the case? (NR)
? Art. 9-b. special consent contemplated in art. 11, subparagraph IV, subparagraph? d?, provisional measure at 2,186-16, 2001, does not apply to activities with potential for economic use, such as bioprospecting or technological development.? (NR)
? Art. 9. The authorisations referred to in art. 11, subparagraph IV, points (a)? and? c?, provisional measure at 2,186-16, 2001, may include access and shipment, individually or together, in accordance with the request formulated by the institution concerned.? (NR)
? Art. 9. You may obtain a special permit referred to in art. 11, subparagraph IV, subparagraph? c?, provisional measure at 2,186-16, 2001, for the purpose of bioprospecting, the institution concerned to access or the remittance of genetic heritage component that meets the following requirements, among others that may be required by the Board of management: I-Proof of that:) was formed under Brazilian law; and (b)) carries out research and development activities in the biological and related areas;
II-technical qualifications for the performance of activities of access and remittance of genetic heritage component sample;
III-structure available for the handling of samples of components of the genetic heritage;
IV-portfolio of projects involving access and remittance of genetic heritage components developed by the institution and the indication of the destination of samples of components of the genetic heritage, when there is a prediction;
V-indication of the technical team and the infrastructure available to manage the terms of transfer of Material, in the case of consignment; and I saw details of the accredited institution as faithful expected to receive depository subsamples of components of the genetic heritage to be accessed.
§ 1 the portfolio referred to item IV of the caput shall bring the projects summarized with the following minimum requirements: I-objectives, material, methods, intended use and destination of the sample to be accessed, when there is already shipping forecast;
II-area or location of field activities;
III-period for collection activities;
IV. indication of the sources of funds, estimated amounts in the case of financial resources, and of the responsibilities and rights of each party; and V-team identification and curriculum vitae of the researchers involved, if they are not available at the Lattes platform, maintained by the CNPq.
§ 2 The previous consents referred to in art. 16, § 11, provisional measure 16, 2,186-2001, and the contracts of use of genetic heritage and benefits ' sharing correspondents should be forwarded to the Management Board prior to or at the time of collection expeditions to be effected during the period of validity of the special permission, under penalty of its cancellation.
§ 3 the non-compliance with the provisions of § 2 will cause the deletion of the corresponding project portfolio covered by the special authorization for bioprospecting.
§ 4 the requirement of presentation of a contract of use of genetic heritage and benefits ' sharing may be postponed by the Management Board, since the person concerned declare there is no prospect of commercial use and prior informed consent provides diverse point to the formalization of the contract.
§ 5 in the case provided for in § 4, the formalization of the contract of use of genetic heritage and benefits ' sharing should always precede the beginning of technological development or the filing of the patent application.
§ 6 in the case provided for in § 4, in the case of consignment to the genetic heritage component abroad, should be signed Material transfer Term containing the receiving institution to express commitment not to give in to the third component of genetic heritage, start technological development activity or deposit patent application, without prior signature of the contract and the corresponding authorisation of the Management Board When this is the case.
§ 7 the institution which holds the special permit referred to in this article may only start the bioprospecting activity of projects whose previous consents have been approved by the Management Board.
§ 8 The beneficiary institution for authorising this article shall forward to the Board of Management or the accredited institution in the form of art. 14 provisional measure 16, 2,186-2001, reports whose frequency shall be fixed in the authorisation and may not exceed the period of 12 months.
§ 9 the report referred to in paragraph 8 shall contain at least the following: I – information on the progress of the projects portfolio;
II-an indication of the areas where the collections were held by means of geographical coordinates;
III-quantitative and qualitative listing of species or morphotypes collected in each area;
IV-attesting the deposit of subsamples in accredited institution as faithful depository;
V-presentation of the terms of transfer of Material, if any; and VI-preliminary results.
§ 10. The beneficiary institution for authorisation of this article may, during the term of the authorisation, enter new projects in the portfolio, since we observe the conditions laid down in this article and, prior to the beginning of the new activity or project, please report the change to the management board or the accredited institution in the form of art. 14 provisional measure 16, 2,186-2001.? (NR)
Art. 2 this Decree shall enter into force on the date of its publication.
Brasilia, July 17 2007; the 1860s and 119 of the Republic.
LUIZ INACIO LULA DA SILVA José Gomes Temporão Sergio Machado Rezende Marina Silva this text does not replace that published in the 18.7.2007

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