guialegaldebiocomercio-ca9f2237bed76d1d.pdf

This guide, prepared for the UNCTAD Biotrade Initiative in collaboration with the CAF and the Andean Community of Nations (CAN), provides a legal framework and recommendations for national biotrade programs in the Andean Region. It analyzes the international legalities surrounding the trade of biodiversity-related tangibles (genetic resources, endangered species, agricultural products) and intangibles (traditional knowledge, intellectual property, environmental services, and carbon emissions).

• The Convention on Biological Diversity (CBD) establishes that access to genetic resources must be based on 'mutually agreed terms' and the 'prior informed consent of States', while requiring the 'fair and equitable sharing' of benefits arising from their use.
• In the Andean Community (CAN), access to genetic resources is governed by Decision 391 (1996), which uses private access contracts. However, practical application has been limited; for example, between 1996 and 2001, only 30 access requests were recorded across the region, with only 8 to 9 approvals.
• The trade of endangered species is strictly regulated by the Washington Convention (CITES), which classifies species into three appendices based on risk. Appendix I includes species 'in danger of extinction' and requires the most restrictive permits, including both export and import permits.
• Agricultural products linked to biodiversity are subject to the WTO's Agreement on Agriculture (AA) and the Agreement on Sanitary and Phytosanitary Measures (SPS). These products receive no special treatment compared to other agricultural goods, and the SPS agreement allows states to set their own standards provided they are 'based on scientific criteria'.
• Intermediate biodiversity products (such as essential oils or vegetable dyes) are governed by GATT 1994 and the WTO Agreement on Technical Barriers to Trade. A significant barrier for developing countries is the existence of 'tariff peaks' in developed markets that increase as the level of product processing increases.
• Traditional Knowledge (TK) is a private right belonging to indigenous and local communities rather than the State. The document suggests that because TK often fails to meet standard Intellectual Property (IP) requirements like 'novelty' or 'inventive step', a 'sui generis' protection system may be necessary.
• The CAN's Decision 486 (2000) on Industrial Property links the granting of IP rights to the 'lawful access' of genetic resources and traditional knowledge, requiring a copy of the access contract to be submitted with patent applications.
• Environmental services, including ecotourism and R&D, are regulated by the WTO General Agreement on Trade in Services (GATS). The document notes that ecotourism in developing countries is hindered by 'anti-competitive practices' and a 'technological and administrative gap'.
• Under the UNFCCC and the Kyoto Protocol, the Clean Development Mechanism (CDM) offers opportunities for developing countries to attract investment through carbon sequestration projects. Colombia, Peru, Venezuela, and Ecuador are identified as being among the top 20 countries globally for potential forest carbon capture projects.
• The document recommends that Andean countries negotiate as a group regarding the CDM to increase their 'negotiating power' and resources when attracting investment.

APA

Eugui, D. V. (n.d.). guialegaldebiocomercio-ca9f2237bed76d1d.pdf. Center for International Environmental Law. https://www.ciel.org/wp-content/uploads/2015/03/GuialegaldeBiocomercio.pdf

Chicago

Eugui, David Vivas. guialegaldebiocomercio-ca9f2237bed76d1d.pdf. Center for International Environmental Law, n.d. https://www.ciel.org/wp-content/uploads/2015/03/GuialegaldeBiocomercio.pdf.

Wikipedia

{{cite report |last1=Eugui |first1=David Vivas |title=guialegaldebiocomercio-ca9f2237bed76d1d.pdf |publisher=Center for International Environmental Law |url=https://www.ciel.org/wp-content/uploads/2015/03/GuialegaldeBiocomercio.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{euguindguialegaldebiocomercioca9f2237bed76d1dpdf, author = {Eugui, David Vivas}, title = {{guialegaldebiocomercio-ca9f2237bed76d1d.pdf}}, institution = {Center for International Environmental Law}, url = {https://www.ciel.org/wp-content/uploads/2015/03/GuialegaldeBiocomercio.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }