the convention on biological diversity, access to genetic resources and ipr yovana reyes tagle...
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The Convention on Biological Diversity, access to genetic resources and IPR
Yovana Reyes Tagle Yovana Reyes Tagle
University of HelsinkiUniversity of Helsinki
BackgroundBackground
1992: Convention on Biological Diversity 1994: TRIPS Agreement 2000: WIPO Intergovernmental Committee on Intellectual
Property and Genetic Resources, Traditional Knowledge and Folklore
2001: Doha Declaration 2002: Bonn Guidelines on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits
Arising Out of Their Utilization 2002: World Summit on Sustainable Development 2010: Nagoya Protocol on Access to Genetic Resources and the
Fair and Equitable Sharing of Benefits Arising from Their Utilization
DOHA DECLARATIONDOHA DECLARATION
The Declaration calls for the need to The Declaration calls for the need to “examine, inter alia, the relationship between “examine, inter alia, the relationship between the TRIPS Agreement and the Convention on the TRIPS Agreement and the Convention on Biological Diversity, the protection of Biological Diversity, the protection of traditional knowledge and folklore, and other traditional knowledge and folklore, and other relevant new developments raised by members relevant new developments raised by members pursuant to Article 71.1… pursuant to Article 71.1…
Objectives of the CBDObjectives of the CBD
conservation of biological diversity, conservation of biological diversity, sustainable use of its components andsustainable use of its components and fair and equitable sharing of the benefits fair and equitable sharing of the benefits
arising out of the utilization of genetic arising out of the utilization of genetic resourcesresources
Access to genetic resourcesAccess to genetic resources
Sovereignty of states over their natural resourcesSovereignty of states over their natural resources ““States have, in accordance with the Charter of the States have, in accordance with the Charter of the
United Nations and the principles of international United Nations and the principles of international law, the sovereign right to exploit their own resources law, the sovereign right to exploit their own resources pursuant to their own environmental policies, and the pursuant to their own environmental policies, and the responsibility to ensure that activities within their responsibility to ensure that activities within their jurisdiction or control do not cause damage to the jurisdiction or control do not cause damage to the environment of other States or of areas beyond the environment of other States or of areas beyond the limits of national jurisdiction.” Article 3 CBD limits of national jurisdiction.” Article 3 CBD
Access to genetic resourcesAccess to genetic resources
Terms and conditions (Article 15 CBD)Terms and conditions (Article 15 CBD) National law and policiesNational law and policies Creation of conditions to facilitate access to genetic Creation of conditions to facilitate access to genetic
resources for environmentally sound uses resources for environmentally sound uses Country of originCountry of origin Mutually Agreed TermsMutually Agreed Terms Prior Informed Consent Prior Informed Consent Benefit sharing in a “fair and equitable way” Benefit sharing in a “fair and equitable way”
Market for genetic resourcesMarket for genetic resources
Pharmaceutical sectorPharmaceutical sector Cosmetics and personal careCosmetics and personal care Biotechnology and related sectors Biotechnology and related sectors Plant breedingPlant breeding Botanical medicineBotanical medicine 1997: Natural product-derived 1997: Natural product-derived
pharmaceuticals represented 40% of global pharmaceuticals represented 40% of global pharmaceutical salespharmaceutical sales
Importance of traditional knowledgeImportance of traditional knowledge
““25% of modern medicines are made from 25% of modern medicines are made from plants first used traditionally.” plants first used traditionally.”
(WHO, Fact Sheet No 134. May 2003)(WHO, Fact Sheet No 134. May 2003) Medicinal plant researchMedicinal plant research Information about agriculture and the Information about agriculture and the
traditional medicinal use of plantstraditional medicinal use of plants
Importance of traditional knowledgeImportance of traditional knowledge
Role in the pharmaceutical sectorRole in the pharmaceutical sector ““among the 120 active compounds currently isolated from the higher
plants and widely used in modern medicine today, 75 per cent show a positive correlation between their modern therapeutic use and the traditional use of the plants from which they are derived. More than two thirds of the world’s plant species – at least 35,000 of which are estimated to have medicinal value – come from the developing countries. At least 7,000 medical compounds in the Western pharmacopoeia are derived from plants.” (Colin and Jannie, 2004)” (Colin and Jannie, 2004)
Contribution of TK to sustainable management of lands and Contribution of TK to sustainable management of lands and water, to climate change, to sustainable development, to water, to climate change, to sustainable development, to combat desertification, and to preserve combat desertification, and to preserve biodiversitybiodiversity
Current contextCurrent context
Development of biotechnological industryDevelopment of biotechnological industry Preservation of biodiversityPreservation of biodiversity Indigenous peoples culture and rightsIndigenous peoples culture and rights Benefits from commercialization of resourcesBenefits from commercialization of resources National, regional and international biodiversity National, regional and international biodiversity
policiespolicies Economic opportunity:Economic opportunity:
Research and developmentResearch and development Technology transferTechnology transfer Demand for natural productsDemand for natural products
The Kani caseThe Kani case
Anti-fatigue properties of the plant Trichopus Anti-fatigue properties of the plant Trichopus ZeylanicusZeylanicus
Anti-fatigue drug: JeevaniAnti-fatigue drug: Jeevani Payment of royalties for the Kani communityPayment of royalties for the Kani community The Tropical Botanical Garden and Research Institute The Tropical Botanical Garden and Research Institute
(TBGRI) and patent rights (TBGRI) and patent rights Kerala Kani Samudaya Kshema Trust:Kerala Kani Samudaya Kshema Trust:
sustainable use and conservation of biological resources sustainable use and conservation of biological resources biodiversity register biodiversity register development activities development activities
Smokebush case Smokebush case
AustraliaAustralia Use of a native plant Use of a native plant the plant contains Conocurvone the plant contains Conocurvone Compensation for Aboriginal people? Compensation for Aboriginal people?
Implementation of the CBDImplementation of the CBD
Access regulations and the granting of IPR National, regional and international biodiversity
policies National access regulations Regional access regulations
Decision 391 Andean Community Biodiversity laws
Issues under debateIssues under debate
Control of genetic resources and use of IPR Control of genetic resources and use of IPR over biological and genetic materialover biological and genetic material
Benefit sharingBenefit sharing Prior Informed ConsentPrior Informed Consent Mutually Agreed Terms (MTA)Mutually Agreed Terms (MTA) Recognition of rights over TKRecognition of rights over TK Mandatory disclosure of source of origin of Mandatory disclosure of source of origin of
genetic resources and TK in patent genetic resources and TK in patent applicationsapplications
Promoting bioprospecting activitiesPromoting bioprospecting activities
Risks of promoting these activitiesRisks of promoting these activities Collection: destroy or threat the conservation of Collection: destroy or threat the conservation of
genetic resources?genetic resources? States interests and the private sectorStates interests and the private sector Challenges for the national institutional frameworkChallenges for the national institutional framework Access to ex situ collectionsAccess to ex situ collections Monitoring measures and verificationMonitoring measures and verification
