Benefit-sharing system and the biodiversity framework: The issue of intellectual property and environmental justice

Abstract

This research aims to analyze the access and benefit-sharing system, as well as the issue of intellectual property and environmental justice. The research problem is based on whether the system implemented by the Biodiversity Framework aligns with the principles of justice and equity as required by law and international agreements. The investigation employs a methodological approach based on the texts of international standards, national legislation, and data access from patent monitoring databases. By analyzing the data provided in contrast with national legislation and other international documents, it is possible to assert that there is, in fact, no fair and equitable benefit-sharing. In conclusion, it is evident that the benefit-sharing system implemented in Brazil still requires better structuring, as well as the establishment of clearer criteria and a stronger connection with the intellectual property protection system, as the current practices fall short of meeting the dictates of environmental justice.