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Address: Bl. Country: Brazil. Email: fasect yahoo. Zip Code: Email: alexguim inpi. The aim of this study is to analyze the research and the patent of phytotherapeutic and phytocosmetic products in the Brazilian Amazonia, in order to identify the current landscape of these markets and propose actions to leverage the development of these industrial sectors.
Our results showed the existence of 86 regional research groups and 35 patent applications and none can be related to Amazonian companies. Legal impediments of the Provisional Measure 2. Keywords: Brazil; amazon; biodiversity; biotechnology; herbal medicine; phytocosmetic; phytotherapeutic; research groups; patents; public policy.
Brazil possesses strategic conditions to generate innovations and obtain a worldwide prominent position in the exploitation of knowledge associated to biodiversity Vasconcellos and Rodrigues, The Brazilian Amazonia is a single natural asset that could offers to Brazil competitive advantages in the global biotechnology industry.
The Tropical Rain Forest presents high diversity of organisms and, mainly, microorganisms, which are insufficiently inventoried yet Miguel, The scientific benefits from a better understanding about the Amazonian biologic diversity are extensive, due to economic importance to these organisms for the production of new antibiotics, therapeutic agents, probiotic agents, chemical products, enzymes, polymers, pollutants bioremediator agents, biolixiviation agents, etc Fonseca, Poz and Silveira, The conversion of scientific research about Amazon biodiversity into commercial products is a national challenge, as new scientific discoveries about Amazon biodiversity will enable the development of innovations in the biotechnology sector, which will be potentially applicable to different fields, such as pharmaceutics, cosmetics, and nutrition.
However there is a lack of large companies installed in the Brazilian Amazon, which could offer the technological development of regional products based on biodiversity Frickmann and Vasconcellos, to global markets. Authors such as Becker and Arruda list the segments productive strategy for the generation of Amazon technological innovations.
Two of this segments are phytotherapeutic and phytocosmetic agents, which are inserted in the new paradigm of social and economic development based on renewable resources and are also currently in expansion Hasenclever et.
According to Hasenclever et. In the XXI century, the Brazilian Amazonian looks to congregate brand new factors for the configuration of a scenery promising for the development of innovations in strategic Brazilian sectors, such as phytotherapic and phytocosmetic ones. In this way the present research has verified the amount of scientific production in the Brazilian Amazonian institutions that is, effectively, being converted into technological development for the phytotherapics and phytocosmetics sectors.
To investigate the existing research groups in the Brazilian Amazonia studying medicinal plants, and the phytotherapical and phytocosmetic sectors verifying also the occurrence of Brazilian patent applications in these sectors, which originated from Amazonian States; all of this in order to identify the current main challenges for the development of innovations in these sectors, in that region. The Brazilian researchers need to participate in research groups and to carry out these groups registration in the Directory of Research Groups from the CNPq, in order to obtain public funding from this council.
Thus, this study considers the main Brazilian research groups; those who get public funding and figure between the Brazilian public research institutions that are registered in the CNPq Directory of Research Groups. The time interval was the period from to , and the geographic area was the Legal Amazonia States. Such data were registered and, using the Microsoft Office Excel software, inserted into tables containing information about: the inventors, the applicants, the patent titles, and the year of application.
After that, the applications related to phytotherapeutic and phytocosmetic products were selected by abstract reading and further analyzed. The repetitions occurred, because some research groups have utilized both, the keyword phytotherapeutic and the keyword phytocosmetic, in their own description.
Comparing the research groups found at Brazilian Amazonia to research groups found all over the Brazilian territory and utilizing the same keywords, the Amazon research efforts represent the following fractions: 1 Figure 2: Distribution of research groups involved with medicinal plants, phytotherapic and phytocosmetic by Brazilian Amazonia, per category of STI, in Sixteen universities were found, out of which ten 10 are federal, three 03 are state, and two 2 are private universities.
Such universities are distributed among all Amazon States. Altogether 23 STI were found, The distribution of research groups investigating the fields of phytotherapeutic agents, phytocosmetic agents, and medicinal plants of these institutions can be visualized at figure 3. Figure 3: Distribution of research groups investigating phytotherapeutic agents, and phytocosmetic agents, and medicinal plants, per Amazonian institution until Respecting to intellectual protection strategies employed for the Amazon bioproducts of personal hygiene and health sectors, inserted in the Class A61K of IPC International Patent Classification by Amazonian institutions, 35 patent applications were found.
Coville, botanic family Leguminosae , Piper aducum L. The State of Roraima has requested neither phytotherapeutical patents, nor phytocosmetic patents, as evidenced at figure 4.
Figure 5 represents the percent distribution of these patents depositors. The results of this investigation reveal that the Brazilian Northern Region is starting an of arrangement process for its research groups in the area of phytotherapeutic and phytocosmetic agents, and the participation of these groups in the Brazilian scenery is relevant.
However, for further participation analysis of the Amazonian research groups in the Brazilian scenery, other parameters such as impact of scientific publications, should be considered and analyzed in conjunction with the data presented in this study. The Amazonian biodiversity linked to the pioneer character of these investigations could effectively represent a promising expectation for the regional and Brazilian development, in the sector of cosmetic and dermocosmetic agents; firstly, by the elucidation of properties of these Amazonian genetic resources, and secondly, by the perspectives that this fact represents in the international scenery.
A and Cia. The Brazilian buyer companies came from 15 Brazilian states, and the international ones came from 13 different countries Brasil, c. Arruda points also for the important existence of the Amazon Biotechnology Center CBA , which has as mission to promote the technological innovation of processes and products, stimulating and creating the basic conditions to support the development of industrial activities based on the sustainable exploitation of Amazonian biodiversity.
This action stimulates also the development of Local Productive Arrangements APLs , according to Plans of Preliminary Development PDP , financing the research of Amazon botanical species with some demand and associated production, in order to transform them into technological products, such as: 1 Unha de gato — Uncaria tomentosa Willd. The results of this work point also to the relevance of public research institutions, mainly the federal ones, for the development of scientific research of Amazonian phytotherapeutical and phytocosmetic agents, such as the Federal Universities.
However, it is emphasized that such patent applications have very low success rate in Brazil. The significant participation of independent inventors in the sector of phytotherapeutic agents in Brazil had already been reported in the work of Vasconcellos, Esquibel and Lage , which evidenced that the application of more than a half of patents in this technological field was done on behalf of independent inventors.
Possible explanations for this fact are formulated herein, as: 1 Small business owners deposit patent applications as natural persons, and not as juridical persons, in order to decrease the procedural costs charged by INPI; 2 Investigators deposit the results of their researches developed within Brazilian STI, on their own behalf. This situation is repetitive, probably, thanks to unfamiliarity of Brazilian investigators with the Law of Industrial Property 9.
The third possible explanation is that 3 They really result from natural persons, that is, from independent and not institutionalized inventors. So, there are no paths in the moment to authorize it to independent inventors.
Besides, the patents associating resources of the Brazilian genetic asset with traditional knowledge CTA , for instance, should have their investigation processes analyzed by the Board of Management of Genetic Resources CGen , created to coordinate the implantation of policies for the management of Brazilian genetic asset and establish technical rules for such purpose BRASIL, This regulation was implemented at INPI by means of Resolution , and it determines that the holder of patent applications resulting from access to Brazilian genetic asset PG , or patent applications resulting from associated traditional knowledge CTA , should inform the number and date of the access authorization issued by CGen, up to the moment of the patent application examination.
Some changes are being developed in the technical procedures of CGen, such as the issuing on August 27th, by Ministry of Environment MMA of the Deliberation that accredited the National Council of Scientific and Technological Development CNPq to authorize: 1 other institutions to develop the activities of access to samples of a component of the genetic asset, for purposes of scientific research; and 2 to send samples of a component of the genetic asset to an institution settled overseas, only for purposes of scientific research published in the Union Official Daily Newspaper, September 16th, Currently, the entrepreneurs interested in exploit the market of Amazon biodiversity, and develop activities of bioprospection of plants obtained, mainly, in areas inhabited by traditional populations, need to follow up the meetings of CGen thematic chambers to understand the rules, avoiding so future problems for their companies.
The companies that achieve to grow exploiting this market niche, regularly, hire attorneys that actively participate of CGen thematic chambers. According to Revilla , the market of phytotherapeutic agents of Amazonian origin faces obstacles related to overcoming of Brazilian and worldwide phytosanitary barriers, such as: the lack of information about the dosage, side effects, time of use, among others; being so indispensable the technoscientific investments for previous studies, pharmaceutical formulations, and registrations, in order to separate the phytotherapeutic agents from the teas of conventional and empiric use.
To be able to transcend the local market, reaching the domestic and international markets adding value to these products, all the regulations must be accomplished Frickmann and Vasconcellos, These genetic resources are exportation merchandises of the commodities type, without aggregated value Lasmar, This situation, probably, is also more attractive for the holders of international patents utilizing Amazon genetic resources, identified by Homma Currently, there is a lack of large sized companies, as of phytotherapeutic sectors, as of phytocosmetic ones, settled in the Brazilian Amazonia Frickmann and Vasconcellos, The excess of technical regulatory norms over these markets of international interest, effectively, embarrasses the growth of small and middle- sized Amazon companies.
Productive arrangements and efficient policies, if adopted, could create a productive environment favorable to these sectors, stimulating so the partnership with large sized companies settled in other Brazilian States and even with international companies, by means of networks and technological projects. Such actions could stimulate the growth of Amazon productive sector of phytotherapeutic and phytocosmetic agents, invigorating the biotechnological market; a sector that trends to add more value to bioproducts, breaking the vicious cycle of predatory exploitation of biodiversity.
Despite the existence of seventy two 72 research groups in the Amazon Region investigating themes such as phytotherapeutic and phytocosmetic agents, or medicinal plants, it was verified that these research efforts in the scientific area do not, effectively, result in innovative products and processes protected by the system of patents. The low amount of patent applications of phytotherapeutic and phytocosmetic agents originated from the Amazon States, associated to the result verified in this present investigation, that none of these patents was granted so far, reveals that the potential of Amazon biodiversity is not being adequately utilized in Brazilian Amazonian to the generation of inventions in the areas of phytotherapeutic and phytocosmetic agents, which could significantly contribute for add value to Amazonian bioproducts and, consequently, for the sustainable development of Amazonian Region.
It is also necessary, the amplification of support strategies for the regional extractive activities, in which is referred to planning, coordination, and management of economic interests of extractors and merchants, in order to organize the demand of products offering as well. The reality is that Brazil is still acquiring international experience in technological innovation and, obviously, the Amazonian Region is trying to follow up this process, facing great difficulties for that.
So, more efforts are necessary for the conversion of phytotherapeutic and phytocosmetic researches into innovative and intellectually protected products, effectively competitive in the Brazilian and international markets. Face to necessity to amplify the inventory of Brazilian Amazonian species and, at the same time, become the market of bioproducts viable on sustainable bases, it is important to increase the scientific sponsorships for the Brazilian Amazonia, anticipating also the existence of Brazilian sponsorships to large scale research projects, that is, with up to thirty years of duration.
The capacity in innovation should continue to be offered and expanded, addressed mainly to federal scientific institutions, companies, and extractive communities participating in technological chains that are strategic for the development of commercial sectors.
As already highlighted by Querido, Lage and Vasconcellos the support to universities NITs Nuclei of Technological Innovation is also indispensable for the regional innovation, as it will amplify the strategies of transference of technologies of patents produced in the ambit of federal universities, assuring benefits to innovative efforts from Brazilian investigators in the field of Amazonian biotechnology. It is urgent, so, a politic adequacy of actions promoted by different public organisms, mainly the federal ones, once the reality offers an entanglement of opportunities and obstacles crossing the legal sphere, creating an aspect of Brazilian ambiguity respecting to the actual interest on the Amazonian biotechnological development, in sectors considered politically strategic.
Only with the maturation and Brazilian comprehension about the complexities involving the biotechnological sectors making use of the Amazonian biodiversity as matrix, is that both, the country and the Amazonia, could understand the actual potential of the Amazon biodiversity to generate foreign currency, and so ascend to and definitely achieve an international detached position in the biotechnological development, and effectively consolidate the production and innovation in the field of Brazilian phytotherapeutic and phytocosmetic products.
Amazonas, Brasil. In: Pires, C. CRUZ, C. A Revista Humanidades, 45 1 , Biotecnologia vegetal e produtos afins: sementes, mudas e inoculantes. In: Silveira, M. Campinas, Brasil. Hoefle, D. Rio de Janeiro. Tese de doutorado. OECD Oslo Manual: Guidelines forcollecting and interpreting Innovation data. What is the Destiny of Patents of Brazilian University? Rodrigues, R. In: Loiola, M. Baseia, I.
Lichston, E. Revista Brasileira de Plantas Medicinais, 7 1 , Received June 14, Accepted Agust 30, Servicios Personalizados Revista. Abstract The aim of this study is to analyze the research and the patent of phytotherapeutic and phytocosmetic products in the Brazilian Amazonia, in order to identify the current landscape of these markets and propose actions to leverage the development of these industrial sectors.
Introduction Brazil possesses strategic conditions to generate innovations and obtain a worldwide prominent position in the exploitation of knowledge associated to biodiversity Vasconcellos and Rodrigues, Objective To investigate the existing research groups in the Brazilian Amazonia studying medicinal plants, and the phytotherapical and phytocosmetic sectors verifying also the occurrence of Brazilian patent applications in these sectors, which originated from Amazonian States; all of this in order to identify the current main challenges for the development of innovations in these sectors, in that region.