Andean Community Decision 391, of 1996: reading before and after the FTA between Colombia and the United States on access and protection of genetic and biological resources

Abstract

This article inquiries from the descriptive and exploratory, frequent tension between intellectual property and biodiversity that is related to access to genetic resources; resources generated from scientific biosprección, important information and applied to technological innovations that ultimately reflected in patents with commercial vocation in the pharmaceutical, agri-food and cosmetics, events that have required institutional Colombia challenges in getting attention a sustainable use of biodiversity and the establishment of fair conditions for equitable sharing of royalties from patents that have taken advantage of the information contained in genetic resources, sustainability and conditions for participation that have had their final outcome in negotiating forums bilateral trade which have been undertaken with the US, strategy that has made the implementation of TRIPS Plus provisions involving biodiversity as a strategic asset allocation mandatory, in the content of free trade agreement.