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By Susan P. Bass, Manuel Ruiz Muller

Keeping Biodiversity addresses some of the most primary elements of this significant factor: the inability of enough nationwide legislation regulating entry to, and reimbursement for, using neighborhood genetic assets. This ebook is the 1st to check such legislation and regulations throughout a number of international locations in either the industrialized and constructing worlds, together with Argentina, Canada, Colombia, Costa Rica, Paraguay, Peru and the us. It additionally offers criminal viewpoints, conclusions and sturdy thoughts for destiny motion.

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Extra info for Protecting Biodiversity: National Laws Regulating Access to Genetic Resources in the Americas

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Notwithstanding this, weaknesses in enforcement have facilitated uncontrolled collection and traffic of materials internationally. Most of the resources in Paraguay's botanical collections have been taken from the country. Environmental policy Some of the main causes of Paraguay's difficulties and failures in the enforcement of environmental law can be easily identified. None of these should be considered the main reason, as they are all Seven Country Reports <*^ 27 interrelated and reinforce each other.

However, this provided an interesting opportunity to continue exploring alternative national regulations and to strengthen the efforts of the working group. Various institutions participating in this working group agreed that Decision 391 should give way to a more flexible access regime. However, Peru never retired from the Andean Pact and thus Decision 391 has remained in force. A proposal put forward within the working group entailed implementing Decision 391 directly and immediately — with no specific secondary regulation — and deciding on the structure and function of a competent national authority to oversee the relevant procedures and act as an implementing agency.

Ex situ conservation and research institutions must also sign access contracts before carrying out their collecting activities. Before the adoption of Decision 391, the Ministry of Agriculture and Institute Nacional de Defensa de la Propiedad Intelectual (INDECOPI, national institute for the protection of intellectual property), the national patent and completion office, established a multidisciplinary working group to assess alternatives for implementing an access regime in Peru. This group's goal was to develop a national proposal on the issue more feasible than Decision 391 and better able to serve the national interest.

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