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ARTICLE · 21 FEBRUARY 2013

General Overview On Patenting Of Microorganisms In Brazil

General Overview On Patenting Of Microorganisms In Brazil

BrazilIntellectual Property

Under Article 225, paragraph 1, II of the 1988 Brazilian Federal Constitution, it is incumbent upon the Government to preserve the diversity and integrity of the country's genetic assets and to monitor the entities involved in the research and handling of genetic material, which shows the legislator's care and concern with the results and effects of activities related to biotechnology or genetic engineering. In the light of the Convention on Biological Diversity, "biotechnology" means any technological application that uses biological systems, living organisms, or derivatives thereof, to make or modify products or processes.

One biotechnology-related issue which is raising extensive discussions and controversies is the legality of patenting life forms. The leading case of this subject was judged by the United States Supreme Court, where General Electric and its employee Ananda Mohan Chakrabarty filed in 1972 a patent application on a bacteria whose function was to

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