Bioprospection: indicator of legal vacancies of traditional agricultural knowledge

Abstract

In search of sustainable development where there is a balance between economic, ecological and cultural components, bioprospecting has been of great importance as a comprehensive strategy for developing countries. Colombia, a megadiverse country, could be a leader in these projects, but when addressing the regulatory framework that governs the country for access to genetic resources, the recognition of traditional knowledge and the intellectual property regime, there are legal gaps that prevent the proper development of this activity, by not guaranteeing the fair and equitable division of the benefits obtained, the conservation of natural resources and safeguarding the traditional knowledge of ethnic groups.Faced with this problem, this reflection used a deductive methodological approach, where he carried out a literature review and normative analysis with the purpose of first studying bioprospecting, the applicable regulations on it in the Colombian system, and demonstrating the legal gaps highlighted by bioprospecting compared to the regulation of agricultural knowledge. Which led to show that due to the anthropic vision by which we have governed the pressure on biodiversity has caused negative impacts on nature; but since the transition to an ecocentric vision, alternatives have been sought that allow achieving sustainable development in balance, such as bioprospecting. But to achieve its proper development, it was determined that Colombia needs to construct a policy that will make it possible to rectify the manner of its laws in the change from a classic right to an environmental right that includes and integrates ecological and social functions.