Abstract

BONET DE VIOLA, Ana María. International Regulation of Genetic Resources. A Critical GenealogySummary. Rev. Fac. Der. [online]. 2020, n.48, e102.  Epub June 01, 2020. ISSN 0797-8316.  https://doi.org/10.22187/rfd2020n48a2.

This article presents a genealogical approach to the international regulation of access to genetic resources. Through the tracking of the antecedents of the current regulation it is tried to critically analyze its gradual transformation in object of appropriation, in merchandise. The aim is to show that the commodification process is not harmless, but has a decisive influence on the management of such resources, as fundamental for food and life.

The discursive and regulatory transformation that FAO presents as the main international institution for the management of transnational problems related to food and agriculture is addressed in particular. At the same time, the role of the WTO in the consolidation of current regulations is analyzed, especially its influence on the gestation of the TRIPS Agreement. Finally, the regulation agenda on the subject is reviewed, particularly in relation to the guarantee of peasant rights and the promotion of common access.

Keywords : Genetic resources; Biotechnology; Intellectual property; Biodiversity Convention; TRIPS Agreement.

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