Prior consultation and biopiracy: normative and institutional effectiveness under the Nagoya Protocol framework

Abstract

This article examines prior consultation as a legal instrument to address biopiracy under the Nagoya Protocol. It analyzes normative and institutional effectiveness based on the Peruvian experience, highlighting the maca case as a paradigm of misappropriation of genetic resources and traditional knowledge. International, regional, and national legal frameworks are reviewed (CBD, Andean Decision 391, Law 27811, Law 29785), together with the role of the National Commission against Biopiracy in institutional defense. Critical gaps are identified: lack of robust disclosure requirements in patent systems, weak verification mechanisms, and local capacity asymmetries. Finally, future steps are proposed to strengthen specific prior consultation, harmonize regulatory frameworks, and enhance international cooperation as effective means to prevent and remedy biopiracy.