Delitos contra el patrimonio genético nacional desde la perspectiva del COESCCI

Abstract

In Ecuador, there have been several cases in which foreign companies have patented national genetic material for the development of new inventions without the proper authorization of the Ecuadorian state. This crime, known as biopiracy has severe consequences on an environmental, economic, social, and cultural scale. To understand the scope of this crime, it is necessary to keep in mind that through the genetic resources, it is possible to generate goods and services useful for human beings, such as the development of raw materials, biotechnology, natural medicines, etc. Genetic resources are all genetic material of real or potential value, including that of plants, animals, and microorganisms (Convention on Biological Diversity, 1992). In this paper, the national and international legal framework is analyzed, specifically regarding the protection of the fauna and flora of Ecuador, to determine if this regulation is efficient at preventing the illegal access and exploitation of these genetic resources in Ecuador. Given that genetic resources are the propriety of the containing state, it is necessary to regulate their usage and exploitation to protect these species. Finally, we analyze the results from the Primer Informe Sobre Biopiratería en el Ecuador, (First report on Biopiracy in Ecuador) 2016, by the Instituto Ecuatoriano de Propiedad Intelectual (Ecuadorian Institute on Intellectual propriety) to determine the degree of impact.