Jul 22, 2024
With the approach of COP 16 on Biodiversity, to be hosted in Colombia, the topic of access to genetic resources and benefit-sharing in Latin America has been gaining significant interest. Since 2016, with the Brogotá Project, GSS has been working to deeply understand Latin American ABS regulations and to assist our Brazilian and international partners in complying correctly. In this context, Peru's legislation is of great interest, as the country has been building a comprehensive framework and consequently gaining experience in the operationalization of its regulations. Additionally, we had the opportunity to visit Peru and meet with the teams of the Peruvian competent authorities, deepening our knowledge of the regulations and strengthening our communication beyond the rules already established by the legislation. Based on two types of access modalities – for commercial and non-commercial purposes – the Peruvian regulations follow a logic similar to what was applied in Brazil under the now-defunct Provisional Measure No. 2.186-16/200: prior authorization or an access contract is required before research or development activities involving Peruvian genetic resources can begin, although the process has its own peculiarities. For example, the initial step for a future access request is to identify which of the four national authorities is competent to evaluate the request, which will be determined based on the type of genetic resource to be accessed. Once the authority is identified, the documentation requires various details, such as a detailed research and development project, a benefit-sharing proposal, among others. The authorities oversee access to Peruvian genetic resources primarily through the monitoring of patents – both requested and granted – not only with Peruvian offices but also internationally. There is also special attention given to species considered transboundary, to avoid infringing on the jurisdiction of other countries. In this regard, there is a constant concern in the country to obtain precise information on the origin of the materials accessed or intended for access. GSS has been assisting companies interested in accessing Peruvian genetic resources in the submission and negotiation of their requests, both for new developments and for the regularization of past research and development activities. The deadline for regularization ended in July 2022, but the Peruvian Ministry of the Environment has been considering the possibility of reopening the deadline, especially for foreign users who were unable to meet the original deadline. The processes have been progressing, and we have already obtained the issuance of the first IRCC (Internationally Recognized Certificate of Compliance), the final step in access authorizations and contracts in Peru. Currently, the country has issued 63 IRCCs. Want to know more about Peruvian access and benefit-sharing legislation? Contact us through our website. Written by: Giovanna Gruber, biodiversity advisor at GSS.