Provisional Measure No. 2,186-16, Of August 23 2001

Original Language Title: Medida Provisória nº 2.186-16, de 23 de Agosto de 2001

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Provisional measure no. 2,186-16, of AUGUST 23 2001 Regulates the item II of § 1 and § 4 of art. 225 of the Constitution, the arts. 1st, 8th, subclause "j", "c") (10, 15 and 16, sub-paragraphs 3 and 4 of the Convention on biological diversity, 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, and other matters.
The PRESIDENT of the REPUBLIC, in the use of the role that gives the art. 62 of the Constitution, adopts the following provisional measure, with force of law: chapter I GENERAL PROVISIONS Art. 1 This interim measure provides for the goods, rights and obligations relating to: I-access to genetic heritage existing component in the national territory, on the continental shelf and in the exclusive economic zone for the purpose of scientific research, bioprospecting or technological development;
II-to access to traditional knowledge associated to genetic heritage, relevant to the conservation of biological diversity, the integrity of the genetic patrimony of the country and the use of its components;
III-the fair and equitable sharing of the benefits derived from the exploitation of genetic heritage components and the associated traditional knowledge; and IV-to access to technology and transfer of technology for the conservation and use of biological diversity.
(1) access to component of genetic heritage for scientific research, bioprospecting or technological development will be in the form of this provisional measure, without prejudice to the rights of property or intangible material relating to the genetic heritage component accessed or about the place of their occurrence.
§ 2 access to genetic heritage existing component on the continental shelf shall observe the provisions of law No. 8617, of 4 January 1993.
Art. 2 access to genetic heritage existing in the country will only be done with the permission of the Union and will have its use, commercialization and exploitation for any purpose subject to supervision, restrictions and the distribution of benefits in accordance with and subject to the conditions set out in this provisional measure and in its rules.
Art. 3 This provisional measure shall not apply to the human genetic heritage.
Art. 4 is preserved the Exchange and dissemination of component of the genetic heritage and associated traditional knowledge practiced by indigenous communities and local communities for their own benefit and based on customary practice.
Art. 5th it is forbidden the access to genetic heritage for harmful practices to the environment and to human health and to the development of biological and chemical weapons.
Art. 6 at any time, and there is consistent evidence of danger of serious and irreversible damage to biological diversity, arising from activities carried out in the form of this provisional measure, the Government, through the genetic heritage management Council, referred to in art. 10, based on criteria and technical advice, determine measures to prevent the damage, and may even stop the activity, respected the competence of the organ responsible for biosafety of genetically modified organisms.
CHAPTER II DEFINITIONS Art. 7 in addition to the concepts and definitions contained in the Convention on biological diversity, shall be deemed for the purposes of this interim measure: I-genetic patrimony: information of genetic origin, contained in all or part of specimen plant, fungal, microbial or animal, in the form of molecules and substances from metabolism of these living beings and of extracts obtained from these live or dead organisms , found in in situ conditions, including domesticated, or kept in ex situ collections, since collected in in situ conditions in national territory, on the continental shelf or the exclusive economic zone;
II-associated traditional knowledge: information or individual or collective practice of indigenous community or local community, with real or potential value associated with the genetic heritage;
III-the local community: human group, including remnants of quilombo communities, distinguished by its cultural conditions, that traditionally organizes itself for successive generations and own customs, and which preserves its social and economic institutions;
IV. access to genetic heritage: component sampling of genetic heritage for scientific research, bioprospecting or technological development, aiming at their industrial application or otherwise;
V-access to associated traditional knowledge: information retrieval on knowledge or individual or collective practice, associated with the genetic heritage, of the indigenous community or local community, for the purposes of scientific research, bioprospecting or technological development, aiming at their industrial application or otherwise;
I saw access to technology and transfer of technology: action that has as its objective the access, the development and transfer of technology for the conservation and use of biological diversity or technology developed from sample of component of genetic heritage or associated traditional knowledge;
VII-bioprospecting: exploratory activity to identify components of the genetic heritage and associated traditional knowledge, with potential for commercial use;
VIII-endangered species: species at high risk of disappearing in the wild in the near future, so recognized by the competent authority;
IX-domesticated species: that in the process of evolution has influenced the human being to meet your needs;
X-access authorization and referral: document that allows, under specific conditions, the access to genetic heritage component sample and your shipment to the receiving institution and the access to associated traditional knowledge;
XI-special authorization of access and Referral: document that allows, under specific conditions, the access to genetic heritage component sample and your shipment to the receiving institution and the access to associated traditional knowledge, with the duration of up to two years, renewable for equal periods;
XII – terms of transfer of Material: accession instrument to be signed by the addressee prior to the shipment of any sample of genetic heritage component, indicating, where applicable, if there was access to associated traditional knowledge;
XIII-contract of use of genetic heritage and benefits ' sharing: multilateral legal instrument that qualifies the parties, object, and the conditions of access and referral of part of the genetic heritage and associated traditional knowledge, as well as the conditions for benefit sharing;
XIV-ex situ condition: sample component maintenance of genetic heritage outside of their natural habitat, living or dead Collections.
CHAPTER III PROTECTION of the ASSOCIATED TRADITIONAL KNOWLEDGE. 8 Is protected by this provisional measure the traditional knowledge of the indigenous communities and local communities associated with the genetic heritage, against the use and illicit exploitation and other actions affecting or not authorized by the Board of management of the art. 10, or accredited institution.
(1) the State recognizes the right of the indigenous communities and local communities to decide on the use of their traditional knowledge associated with the genetic heritage of the country, in terms of this provisional measure and its regulation.
(2) the traditional knowledge associated to genetic heritage that this interim measure is part of the Brazilian cultural heritage and may be subject to registration, as has the management board or specific legislation.
(3) the protection granted by this interim measure cannot be interpreted in such a way as to impede the preservation, use and development of traditional knowledge of the indigenous community or local community.
§ 4 the protection now established shall not affect, impair or limit rights pertaining to intellectual property.
Art. 9 to the indigenous community and the local community that create, develop, hold or retain traditional knowledge associated to genetic heritage, is guaranteed the right to:-I have indicated the origin of access to traditional knowledge in all publications, uses, and disclosures;
II-prevent unauthorized third parties from: the) use, perform tests, research or exploration relating to associated traditional knowledge;
b) disclose, transmit or retransmit data or information that integrate or constitute associated traditional knowledge;
III – perceiving benefits by economic exploitation by third parties, directly or indirectly, of associated traditional knowledge, whose rights are of their ownership under this provisional measure.
Sole paragraph. For the purposes of this provisional measure, any traditional knowledge associated to genetic heritage may be owned by the community, even if only an individual Member of this community, holds that knowledge.
CHAPTER IV

INSTITUTIONAL competencies and RESPONSIBILITIES Art. 10. Is created, within the Ministry of the environment, the genetic heritage management Council, deliberative and normative character, made up of representatives of organs and entities of the Federal Public Administration who hold jurisdiction over the various actions of this provisional measure.
(1) the Management Board shall be chaired by a representative of the Ministry of the environment.
(2) the Management Board will have its composition and its working in regulation.
Art. 11. the Management Board:-coordinate the implementation of policies for the management of genetic heritage;
II-establish: a) technical standards;
b) criteria for the authorisation of access and referral;
c) guidelines for the preparation of the contract of use of genetic heritage and benefits ' sharing;
d) criteria for the creation of a database for the registration of information on associated traditional knowledge;
III-monitor, in conjunction with federal agencies, or by agreement with other institutions, the activities of access and shipment of sample of component of the genetic heritage and associated traditional knowledge access;
IV-discuss: a) authorization of access and referral component sample of genetic heritage, through prior informed consent of its holder;
b) authorization of access to associated traditional knowledge, subject to prior informed consent of its holder;
c) special authorization of access and remittance of genetic heritage component sample to the national institution, whether public or private, engaged in research and development activity in the biological and related areas, and the National University, public or private, with the duration of up to two years, renewable for equal periods in accordance with regulation;
d) special authorization of access to associated traditional knowledge to national institution, whether public or private, engaged in research and development activity in the biological and related areas, and the National University, public or private, with the duration of up to two years, renewable for equal periods in accordance with regulation;
e) accreditation of national public institution of research and development or federal public management institution to authorize another national institution, whether public or private, engaged in research and development activity in the biological and related areas: 1. the access component sample of genetic heritage and associated traditional knowledge;
2. the mail component sample of genetic heritage for national institution, whether public or private, or institution headquartered abroad;
f) accreditation of national public institution to be faithful trustee of genetic heritage component sample;
V-give consent to contracts of use of genetic heritage and benefits ' sharing how to meet the requirements laid down in this provisional measure and in its rules;
VI-to promote discussions and public consultations on the themes of this provisional measure;
VII-working as a higher instance of recourse against the decision of accredited institution and acts arising from the application of this provisional measure;
VIII-to approve its internal regulations.
(1) the decisions of the management board an appeal to the plenary in the form of regulation.
(2) the Management Board may organize into thematic Chambers, to support decisions of the plenary.
Art. 12. The collection of activity component of the genetic heritage and associated traditional knowledge access, which contributes to the advancement of knowledge and that is not associated to bioprospecting, when involving the participation of foreign legal entity, shall be authorised by the national policy of scientific and technological research, in compliance with the provisions of this provisional measure and the legislation in force.
Sole paragraph. The authorization referred to in the caput of this article will notice the technical standards defined by the Management Board, which shall exercise supervision of these activities.
Art. 13. the Chairman of the Board of Management firm, on behalf of the Union, Contract of use of genetic heritage and benefits ' sharing.
(1) the competence of the caput of this article, the Chairman of the Management Board subdelegará to federal public institution of research and development or federal public management institution the competence referred to in the caput of this article, as its area of expertise.
(2) where the institution referred to in paragraph 1 is an interested party in the contract, this shall be signed by the Chairman of the Board of management.
Art. 14. It will be up to the accredited institution what are the numbers 1 and 2 of paragraph "e" of sub-item IV of art. 11 of this provisional measure one or more of the following attributions, in compliance with the guidelines of the Board of management: I-analyze application and send to third parties, access authorization: a) the component of the genetic heritage existing in-situ conditions in national territory, on the continental shelf and in the exclusive economic zone, through prior informed consent of its holders;
b) access to associated traditional knowledge, subject to prior informed consent of the holders of the area;
c) sample shipment of the genetic heritage component for national institution, whether public or private, or institution headquartered abroad;
II-monitor, in conjunction with federal agencies, or by agreement with other institutions, the activities of access and shipment of sample of component of the genetic heritage and associated traditional knowledge access;
III-create and maintain: the registration of ex situ collections), as provided for in art. 18 of this provisional measure;
b) database to record information obtained during sample collection of genetic heritage component;
c) database of authorizations of access and Referral, to the terms of transfer of Material and contracts of use of genetic heritage and benefits ' sharing, in the form of regulation;
IV – disseminate periodically, list of Access authorizations and Shipment, of the terms of transfer of Material and contracts of use of genetic heritage and benefits ' sharing;
V-monitor the implementation of the terms of transfer of Material and contracts of use of genetic heritage and benefits ' sharing regarding authorized by it processes.
§ 1 the accredited institution shall, annually, by report, give full knowledge to the Management Board on the activity carried out and pass on copies of the databases to the executor provided for in art. 15. (2) the accredited institution, in the form of art. 11, shall observe the provisions of this provisional measure, its rules and the decisions of the Management Board, under penalty of its accreditation, yet, subject to the application, what fits, of the penalties foreseen in art. 30 and on existing legislation.
Art. 15. Is authorized the creation, within the Ministry of the environment, of executor who shall exercise the function of the Executive Secretariat of the Management Board, which deals with the art. 10 of this provisional measure, with the following tasks, among others:-to implement the resolutions of the Board of management;
II-support to accredited institutions;
III-issue, in accordance with resolution of the Management Board and on its behalf: a) and access authorization consignment;
b) special permit of access and Referral;
IV-monitor, in coordination with other federal agencies, the activities of access and shipment of sample of component of the genetic heritage and associated traditional knowledge access;
V-accredit, in accordance with resolution of the Management Board and on its behalf, public institution of national research and development or federal public management institution to authorize national institution, whether public or private: a) the access component sample of genetic heritage and associated traditional knowledge;
b) to send sample of genetic heritage component for national institution, whether public or private, or institution headquartered abroad, in compliance with the requirements of art. 19 of this provisional measure;
VI-accredit, in accordance with resolution of the Management Board and on its behalf, national public institution to be faithful trustee of genetic heritage component sample;
VII-register the contracts of use of genetic heritage and benefits ' sharing, after the consent of the Management Board;
VIII-disclose list of Exchange made easy listed in international agreements, including on food security, of which the Country is a signatory, according to §2 of art. 19 of this provisional measure;
IX-create and maintain: the registration of ex situ collections), as provided for in art. 18;
b) database to record information obtained during sample collection of genetic heritage component;

c) database of authorizations of access and Referral, to the terms of transfer of Material and contracts of use of genetic heritage and benefits ' sharing;
X-disseminate periodically, list of Access authorizations and Shipment, of the terms of transfer of Material and contracts of use of genetic heritage and benefits ' sharing.
Chapter V of the CONSIGNMENT and access Art. 16. Access to genetic heritage existing component in in situ conditions in national territory, on the continental shelf and in the exclusive economic zone, and to associated traditional knowledge shall be by sample collection and information, respectively, and will only be allowed to national institution, whether public or private, carrying out research and development activities in the biological and related areas upon prior authorization, in the form of this provisional measure.
(1) the person responsible for collecting expedition should, at the end of its activities in each area accessed, sign with the holder or representative declaration containing listing of material accessed, in the form of regulation.
(2) Exceptionally, in cases where the holder of the area or its representative is not identified or located at the time of collection, the Declaration containing the material list accessed shall be signed by the person responsible for dispatch and forwarded to the Management Board.
§ 3 Sub-representative sample from each population genetic heritage component accessed must be deposited ex situ condition in accredited institution as true depository of the item "f" of item IV of the art. 11 of this provisional measure, in the form of regulation.
§ 4 when there is a prospect of commercial use, the access to genetic heritage component sample in situ conditions, and to associated traditional knowledge can only occur after signature of the Contract of use of genetic heritage and benefits ' sharing.
§ 5 if identified potential economic use of product or process liable or not of intellectual protection, originated from component sample of genetic heritage and associated traditional knowledge from information, accessed based on authorization did not establish this hypothesis, the recipient institution is obliged to inform the management board or the institution where the access and referral process , for the formalization of Contract of use of genetic heritage and benefits ' sharing.
§ 6 the participation of foreign legal entity on an expedition to sample collection of genetic heritage in situ component and for access to associated traditional knowledge will only be allowed when in conjunction with national public institution, with the coordination of the activities of the Office and provided that all the institutions engaged in research and development activities in the biological and related areas.
§ 7 the research on genetic heritage components must be held preferably in the national territory.
§ 8 the access authorization and remittance of genetic heritage component sample of strict endemism or species threatened with extinction will depend on the prior consent of the competent organ.
§ 9 the access authorization and remittance shall be after the prior informed consent: I-the indigenous community involved, heard the official indigenous body, when access occurs on indigenous land;
II – to the competent body, when access occurs in a protected area;
III-the proprietor of private area, when access it occur;
IV-the National Defense Council, when access if der in national security vital area;
V-maritime authority, when access if it works on Brazilian jurisdictional waters, the continental shelf and in the exclusive economic zone.
§ 10. The holder of access authorization and referral in items (I) to (V) of paragraph 9 of this article is liable to compensate the holder of the area for any damages or losses, duly proven.
§ 11. The institution holds special authorization of access and Referral will forward to the management board the consents that treat the §§ 8 and 9 of this article before or at the time of collection expeditions to be effected during the period of validity of the authorisation, whose violation will cause its cancellation.
Art. 17. In case of relevant public interest, thus characterized by the Management Board, the entry into public or private area for access to genetic heritage component sample will waive prior informed consent of the holders, guaranteed these provisions of arts. 24 and 25 of this provisional measure.
(1) in the case referred to in the caput of this article, the indigenous community, the local community or the owner must be previously informed.
§ 2 in the case of indigenous land, observe the provisions of § 6 of art. 231 of the Federal Constitution.
Art. 18. ex situ conservation of components of the genetic heritage sample should be performed on the national territory, and, Additionally, the discretion of the Board of management, to be held abroad.
(1) The ex situ collections of genetic heritage component sample shall be registered by the executor of the Management Board, as it has in the regulation.
(2) the Management Board may delegate the registration referred to in the paragraph 1 of this article to one or more accredited institutions in the form of points "d" and "e" of sub-item IV of art. 11 of this provisional measure.
Art. 19. The shipment of sample of the genetic heritage component of national institution, whether public or private, to another national institution, whether public or private, will be made from material on ex situ conditions, by means of the information on the intended use, subject to the fulfilment of the following conditions are cumulative, in addition to others that the Management Board will establish: I-representative sub-sample of deposit component of the genetic patrimony in collection maintained by accredited institution , if you have not been fulfilled the provisions of § 3 of art. 16 of this provisional measure;
II-in the case of a sample of the genetic heritage component accessed in situ conditions, before editing this provisional measure, the deposit referred to in the previous subparagraph shall be made in the form accessed, if still available, in accordance with the regulation;
III-provision of information obtained during the sample collection of genetic heritage component for registration in the database mentioned in paragraph b of item III of art. 14 and subparagraph b of item IX of the art. 15 of this provisional measure;
IV-Term subscription prior to transfer.
(1) where there is a prospect of commercial use of product or process arising out of the use of the genetic heritage component will require the prior signature of Contract of use of genetic heritage and benefits ' sharing.
§ 2 the shipment of sample of the genetic heritage component of species considered Exchange made easy in international agreements, including on food security, of which the Country is a signatory, shall be effected in accordance with the conditions laid down therein, kept their demands.
§ 3 the consignment of any sample of genetic heritage component of national institution, whether public or private, for institution headquartered abroad, will be made from material on ex situ conditions by informing the intended use and the prior authorisation of the management board or accredited institution, subject to compliance with the conditions laid down in the cumulative items I to IV and §§ 1 and 2 of this article.
Art. 20. The term Material transfer will have your model approved by the Management Board.
CHAPTER VI access to technology and TRANSFER of TECHNOLOGY Art. 21. the institution to receive sample of component of the genetic heritage or associated traditional knowledge will facilitate access to technology and transfer of technology for the conservation and use of the property or of this knowledge to the national institution responsible for access and shipment of the sample and information about the knowledge, or by institution she indicated.
Art. 22. Access to technology and knowledge transfer between national research and development institution, public or private, and institution headquartered abroad, through, among other activities, through: (I)-scientific research and technological development;
II-formation and training of human resources;
III exchange of information;
IV-exchange between national research institution and research institution headquartered abroad;
V-infrastructure consolidation of scientific research and technological development;
VI-Economic exploitation, in partnership, product and process derived from the use of components of the genetic heritage; and VII-establishment of joint venture of technological basis.

Art. 23. The company, in the process of ensuring access to technology and transfer of technology to the national institution, whether public or private, responsible for the access and shipment of sample of genetic heritage components and the access to associated traditional knowledge information, invest in research and development activity in the country, will do justice to tax incentives for technological training of industry and agriculture , and the other instruments of stimulus, in the form of relevant legislation.
CHAPTER VII BENEFITS ' SHARING Art. 24. The benefits arising from economic exploitation of a product or process developed from sample of component of genetic heritage and associated traditional knowledge, obtained by national institution or institution based overseas, will be divided fairly and equitably, between the Contracting Parties, as it has in the regulation and the relevant legislation.
Sole paragraph. The Union, when there is a party to the Contract of use of genetic heritage and benefits ' sharing, will be ensured, in fit, the participation in the benefits referred to in the caput of this article, in the form of regulation.
Art. 25. The benefits arising from economic exploitation of a product or process developed from sample of genetic heritage or associated traditional knowledge, can constitute, among others, of: (I)-Division of profits;
II-royalty;
III-access and transfer of technology;
IV-licensing, free of charge, products and processes; and V-human resources training.
Art. 26. The economic exploitation of a product or process developed from sample of component of genetic heritage or associated traditional knowledge, accessed in accordance with the provisions of this provisional measure, will subject the infringer to payment of severance pay corresponding to at least 20% of the gross revenues from the sale of product or royalties obtained from third parties for the offender as a result of licensing of product or process or the use of technology, or not protected by intellectual property, without prejudice to the administrative and penal sanctions applicable.
Art. 27. the contract of use of genetic heritage and benefits ' sharing should indicate and qualify with clarity the Contracting Parties, and, on the other hand, the owner of a public or private area, or the representative of the indigenous community and indigenous official organ, or the representative of the local community and, on the other hand, the national institution authorized to make accessing and receiving institution.
Art. 28. Are essential clauses of the contract of use of genetic heritage and benefits ' sharing, in the form of regulation, without prejudice to any other, which have about: I-object, its elements, quantification of sample and intended use;
II. term of duration;
III-form of fair and equitable sharing of benefits and, where appropriate, access to technology and transfer of technology;
IV-rights and responsibilities of the parties;
V-intellectual property;
VI-termination;
VII-penalties;
VIII-Forum in Brazil.
Sole paragraph. When the Union is a party, the contract referred to in the caput of this article shall be governed by the legal regime of public law.
Art. 29. The Contract of use of genetic heritage and benefits ' sharing will be submitted for registration in the Management Board and just have effectiveness after his consent.
Sole paragraph. Are void, not generating any legal effect, the contracts of use of genetic heritage and benefits ' sharing signed in disagreement with this provisional measure and its rules.
CHAPTER VIII of ADMINISTRATIVE SANCTIONS Art. 30. the administrative violation against the genetic heritage or associated traditional knowledge every action or omission that violates the rules of this provisional measure and other relevant legal provisions.
(1) The administrative infractions will be punished in the manner established in the regulation of this provisional measure, subject to the following penalties: (I)-warning;
II-fine;
III-seizure of samples of components of the genetic heritage and the instruments used in gathering or processing or of products obtained from information on associated traditional knowledge;
IV-seizure of the sample component products of genetic heritage or associated traditional knowledge;
V-suspension of sales of the product derived from the sample of component of genetic heritage or associated traditional knowledge and its seizure;
VI-embargo of the activity;
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 incentives and tax relief granted by the Government;
XI-loss or suspension of participation in financing line in official credit establishment;
XII-intervention in the establishment;
XIII-ban on contract with the Public Administration for a period of up to five years.
§ 2 the samples, products and instruments in items III, IV and V of paragraph 1 of this article, have your destination set by the Management Board.
(3) the penalties laid down in this article shall be applied in the form of procedure established in the regulation of this provisional measure, without prejudice to the applicable criminal or civil penalties.
§ 4 the fine contemplated in item II of paragraph 1 of this article shall be arbitrated by the competent authority, in accordance with the gravity of the infringement and in the form of regulation, and may range from 200.00 R$ (200 dollars) to 100,000.00 R$ (100,000 dollars), in the case of an individual.
§ 5 If the infringement is committed by a legal person, or with your contest, the fine will be $ 10000.00 (10000) R$ the R$ 50,000,000.00 (50 million dollars), arbitrated by the competent authority, in accordance with the gravity of the infringement, in the form of regulation.
paragraph 6 In case of recidivism, the penalty will be applied.
CHAPTER IX FINAL PROVISIONS Art. 31. the granting of industrial property rights by the competent bodies, about process or product obtained from genetic heritage component sample, is subject to the observance of this provisional measure and the applicant to inform the source of the genetic material and associated traditional knowledge, where appropriate.
Art. 32. The competent federal agencies shall carry out the monitoring, interception and seizure of genetic heritage component sample or product obtained from information on associated traditional knowledge, accessed in accordance with the provisions of this provisional measure, still, such activities are decentralized upon covenants, according to the regulation.
Art. 33. The share of the profits and royalties owed to the Union, resulting from the economic exploitation of a product or process developed from genetic heritage component sample as well as the value of fines and indemnities of this provisional measure shall be intended for the National Environmental Fund, created by law No. 7797, of 10 July 1989 in the background, created by Decree No. 20923, of 8 January 1932, and the National Fund for scientific and technological development, created by Decree-Law No. 719 of 31 July 1969, and reinstated by law No. 8172, of 18 January 1991, in the form of regulation.
Sole paragraph. The resources referred to in this article shall be used exclusively in the conservation of biological diversity, including the retrieval, creation and maintenance of depositary banks, in the promotion of scientific research, technological development associated with the genetic heritage and the training of human resources associated with the development of the activities related to the use and conservation of the genetic patrimony.
Art. 34. A person who uses or operates economically components of the genetic heritage and associated traditional knowledge should adapt its activities to the requirements of this provisional measure and its regulation.
Art. 35. The Executive power will regulate this provisional measure until December 30 2001.
Art. 36. the provisions of this provisional measure shall not apply to matters regulated by law No. 8974, 5 January 1995.
Art. 37. Are convalidados the acts performed on the basis of the provisional measure in 2,186-15, of 26 July 2001.
Art. 38. This provisional measure shall enter into force on the date of its publication.
Brasília, August 23 2001; 180 degrees of independence and 113 of the Republic.
FERNANDO HENRIQUE CARDOSO José Gregori Ronaldo Mota Sardenberg José Serra José Sarney Filho

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