Common regime of access to the genetics resources: biodiversity and separation of its tangible and intangible components

Abstract

The Andean countries how Colombia, proprietor of a lot of biodiversity, are objects of attention of develop countries and higher industrialized, in this way in order to the economic integration are inserted in our systems laws about Intellectual Property specifically in natural resources. A example of that is the Andean Decision 391 of 1996, that is, the Common Regime of Access to the genetics resources, which starts with the premise of separate the tangible component (plants, animals, microorganism) and the intangible component (traditional knowledge) of the biodiversity. In this order, this article of investigation, starting with the description of the concept of local communities and regulatory marc about access to genetics resources, is analyzed how when the State, purveyor of the tangible component, is separated of the local communities, purveyor of intangible component, is configured a limitation to the recognition of the collectives rights upon the biodiversity, that are the result of the important performance of natives communities, country people, black people, in the conservation and sustainable use of the biologic diversity.