Towards the establishment of a sustainable normative formula to encourage the use of genetic resources

Abstract

There are diverse international instruments that apply to both the regulation of genetic resources and the intellectual property attached to the technologies that use those resources. At the present moment, a series of initiatives are being developed, determined to integrate and coordinate both kinds of instruments, aiming to make countries consider and integrate elements and obligations from both legal regimes, when defining their laws and policies on the subject. Chile has not yet adopted a domestic regulation regarding the access to its genetic resources; consequently it still has the opportunity to integrate its legislation on the matter with its intellectual property legislation, in order to attain a legal regime that favors both the national technological development as well as the protection of its resources.