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When mentioned the protection of biodiversity, it is not only environmental issues that are being discussed in international meetings, it is the legal construction of the problem, those responsible for it and the possible solutions. In fact, divergent interests of national development for some States and of free markets for transnational corporations transform the issues of access to biological resources and technology transfer into grave disagreement among sovereign states. Nevertheless, there are several bioprospection arrangements among states, traditional communities and private firms. In this context, Brazil, privileged for its rich biodiversity and fairly good technological level, is aiming at a national law to regulate access to its biodiversity resources. However, this article explains why this law will not bring up the desired solutions, and that the main aim for Brazil must be not only the payment of royalties, but effective "technology partnerships". [ABSTRACT FROM AUTHOR]