Dr. P.Pushpangadan Director National Botanical Research Institute

1. Biodiversity Wealth and Opportunities for Asia Pacific Countries in Biotechnology & Herbal Technology Dr. P.Pushpangadan Director National Botanical Research Institute (Council of Scientific & Industrial Research) Lucknow (India) September 2003

2. Biodiversity • Biological diversity is the central tenet of nature, one of its key defining features. Evolution has produced an amazing variety of plants, animals and micro-organisms, intricately interconnected, and worthy of respect and conservation in their own right. Biodiversity is also the basis for the continuous evolution of species. This diversity is also the backbone of human societies and cultures, in terms of the ecological functions it provides and the myriad survival and livelihood it meets.

3. Biodiversity • According to Convention on Biological Diversity (CBD), biodiversity is “the variability among all living organisms from all sources, including, inter alia, terrestrial, marine and other aquatic ecosystems and ecological complexes of which they are part; this includes diversity within species, between species and of ecosystems”.

4. Direct Consumptive Food, Fodder Fuel,Fiber,Medicine Natural compounds Genes,etc. Non Consumptive Tourism, Wildlife watching, etc. Indirect Climate regulation Soil management Waste disposal Nutrient cycling Hydrological regime Species interactions Eco-tourism Recreation Research Economic Values of Biodiversity

5. Genesis of the Global Concern on Biodiversity Conservation • First discussed in 1972 U. N. Conference at Stockholm • U. N. General Assembly by a resolution on 15th December 1972 established UNEP. . • First Governing Council met in 1973 identified Conservation of Nature, Wildlife and Genetic Resources as Priority areas. • The World Commission on environment and Development (WCED) was constituted in 1983. • WCED submitted its report ‘Our Common Future’ in 1987 called for Conservation of Biodiversity for Sustainable Development.

6. Genesis of the Global Concern on Biodiversity Conservation • UNEP constituted an ad-hoc Working Group of Technological and Legal experts to prepare an international legal instrument for conservation and sustainable use of Biodiversity which resulted in ‘CONVENTION ON BIOLOGICAL DIVERSITY’ (CBD). • 171 countries signed CBD in June 1992 during the Earth summit at Rio de Janeiro. • CBD came - into force as an International Law on 29th Dec. 1993. • 186 countries are now parties to CBD (as on Feb. 2003)

7. Conservation of Biodiversity Strategies & Priorities IUCN, UNEP & WWF 1980 came out with the first Global Strategy for Conservation. This Strategy defined conservation as: “Management of human use of biodiversity so that it may yield the greatest sustainable benefit to present generation while maintaining its potential to meet the needs and aspirations of future generation” This definition involves two complementary components ‘Conservation’ and ‘sustainability’

8. WORLD TRADE AND ECONOMIES: THE PARADIGM SHIFT • “Resource – based economies’ to ‘Knowledge –based economies’ • 21 st Century will be the Century of Knowledge”…… “A nation’s ability to convert knowledge in to wealth and social good through the process of innovation will determine its future” ( R A Mashelkar, 2001)

9. Convention of Biodiversity (CBD)Relevant Provisions of CBD • Article 3 recognizes the sovereign rights of States over their biological resources. • Article 15 states that when access to genetic resources is granted, it shall be on mutually agreed upon terms and subject to Prior Informed Consent. • Incentives to biodiversity-rich countries to conserve and sustainably use their genetic resources, including joint research, access to & transfer of technology (Articles 15,16).

10. Relevant Provisions of CBD(Contd...) • Article 16.2 addresses issues surrounding the access to and transfer of technology, governed by patents. • Article 16.5 anticipates the difference in objectives between IPR regimes and the CBD and seeks to ensure that IPRs don't run counter to the CBD. • Article 8(j) underlines the need to protect TK and points to the potential benefits to be realized from such knowledge through involvement of its holders and equitable benefit-sharing.

11. Relevant Provisions of TRIPs on Biological Resources • Under Article 27, virtually all inventions are to be patented if they are new, involve an innovative/inventive step and are capable of industrial application. • Exceptions to patentability include plants, animals ( other than microbes) and biological processes for the production of the above. However plant varieties must be protected either by sui generis or by patenting (27.3(b)).

12. Relevant Provisions of TRIPs on Biological Resources(Contd….) • Article 30 confers limited exceptions to the rights conferred on patent holders, taking into account the legitimate interests of third parties. • Article 29 imposes two conditions on patent applicants; that they disclose the invention clearly and completely enough for a person skilled in the art to reproduce it and it 'may' require an applicant to provide information concerning the applicant's corresponding foreign applications and grants.

13. TRIPS-CBD Relationship • Absence of explicit compatibility, Difference of approach and priority given to issues which are ultimately related. This has led to violation of the CBD (Articles 8,15 &16). • TRIPs ignores a vast range of valuable, traditional knowledge (TK) because it doesn't meet the standards of patentability.

14. TRIPS-CBD Relationship(Contd..) • TRIPs undermines CBD in cases of biopiracy, by putting the burden of proof on the source country rather than patentee. Identification of unique source material as required in Art.29 of TRIPs is insufficient. Lack of transparency in the patent application procedure. • TRIPs doesn't require the recognition of domestic laws protecting access to genetic resources and TK and subsequent benefit sharing.

15. The Need to Amend the TRIPs Agreement • Absence of a clear reference to CBD and the relationship with CBD could hinder the implementation of the latter by violating the primary principle of sovereignty over genetic resources. • TRIPs should provide international recognition of relevant domestic legislation of its member countries, especially as far as access and benefit sharing issues are concerned.

16. The Need to Amend the TRIPs Agreement (Contd...) • It is far more cost effective in the long run to establish an internationally accepted solution through TRIPs for the prevention of biopiracy. • TK associated patents have fetched large profits and it makes ethical and economic sense for TRIPs Agreement to recognize a need for benefit sharing.

17. Major Concerns for Asia-Pacific Countries • Prevention of bio-piracy & misappropriation • Development of international systems of protection of TK. • Means for fair & equitable benefit sharing and technology transfer.

18. Strength of Asia-Pacific countries in Biodiversity • Rich in all levels of biodiversity species, genes, habitat. • Rich in cultural diversity that generated rich fund of indigenous knowledge systems. • Humanity has tapped only a fraction of this nature's vast genetic library. • Over 80-85% genetic resources of South Asian countries are hitherto untapped. • Excellent opportunity for hunting novel genes, drugs, pharmaceuticals, new chemicals / raw materials for new industrial ventures.

19. Country Area (km2) Total species Endemics Brazil 8,511,965 ~50,000-56,000 16,500-18,500 Indonesia 1,916,600 ~37,000 14,800-18,500 Colombia 1,141,748 45,000-51,000 15,000-17,000 Mexico 1,972,544 18,000-30,000 10,000-15,000 Australia 7,686,810 15,638 14,458 Madagascar 587,045 11,000-12,000 8,800-9,600 China 9,561,000 27,100-30,000 ~10,000 Philippines 300,780 8,000-12,000 3,800-6,000 India 3,287,782 >17,000 5,356 Peru 1,285,210 18,000-20,000 4,000-5,000 Papua New Guinea 475,369 15,000-21,000 10,500-16,000 Ecuador 283,561 17,600-21,100 4,000-5,000 USA 9,372,143 18,956 4,036 Venezuela 912,050 15,000-21,070 5,000-8,000 Malaysia 329,749 15,000 6,500-8,000 South Africa 1,221,037 23,420 16,500 Dem. Rep. Congo/Zaire 2,344,000 11,000 3,200 Total 51,189,393 155,475-183,025 Mega diversity Countries: Plant Diversity and Endemism Source: Myers 2001

20. Hotspots Original extent (km2) Remaining primary vegetation (km2)(% of original extent) Area protected (km2)(% of hotspot) Plant species Endemic plants (% of global plants total. 300,000) Vertebrate species Endemic vertebrates (% of global vertebrates total 27,298) Mediterranean Basin 2,362,000 110,000(4.7) 42,123(38.3 25000 13,000(4.3%) 770 235(0.9%) Sundaland 1,60,000 125,000(7.8) 90,000(72.0) 25,000 15,000(5.0%) 1800 701(2.6%) Wallacea 347,000 52,020(15.0) 20,415(39.2) 10,000 1500(0.5%) 1142 529(1.9%) Philippines 300,800 9023(3.0) 3910(43.3) 7620 5832(1.9%) 1093 518(1.9%) Biodiversity Hotspots of Asia-Pacific region Contd…

21. Hotspots Original extent (km2) Remaining primary vegetation (km2)(% of original extent) Area protected (km2)(% of hotspot) Plant species Endemic plants (% of global plants total. 300,000) Vertebrate species Endemic vertebrates (% of global vertebrates total 27,298) Indo-Burma 2,060,000 10,000(4.9) 100,000(100.0) 13,500 7000(2.3%) 2185 528(1.9%) South-Central China 800,000 64,000(8.0) 16,562(25.9) 12,000 3500(1.2%) 1141 178(0.7%) Western Ghats/ Sri Lanka 182,500 12,450(6.8) 12,450(100.0) 4780 2180(0.7%) 1073 355(1.3%) SW Australia 309,850 33,336(10.8) 33,336(100.0) 5469 4331(1.4%) 456 100(0.4%) New Caledonia 18,600 5200(28.0) 526.7(10.1) 3322 2551(0.9%) 190 84(0.3%) New Zealand 270,500 59,400(22.0) 52,068(87.7) 2300 1865(0.6%) 217 136(0.5%) Polynesia/ Micronesia 46,000 10,024(21.8) 4913(49.0) 6557 3334(1.1%) 342 223(0.8%) TOTAL Biodiversity Hotspots of Asia-Pacific region(Contd.) 11,558 60,093(20%) Source: Myers 2001

22. Hotspot Endemic plants Endemic vertebrates Endemic plants/area ratio (species per 100 km2) Endemic vertebrates/ area ratio (species per 100 km2) Remaining primary vegetation as % of original extent Time appearing in top 10 for each of five factors The Eight “Hottest Spots in Terms of Five Factors (Number in parenthesis indicate the ranking in the top 10 hotspots for each factor) Madagascar 9704(4) 771(4) 16.4(8) 1.3(7) 9.9(9) 5 *Phillippines 5832(8) 518(9) 64.7(2) 5.7(2) 3.0(1) 5 *Sundaland 15,000(2) 701(5) 12.0(10) 0.6(10) 7.8(7) 5 Caribbean 7000(6) 779(3) 23.5(6) 2.6(4) 11.3 4 Brazil’s Atlantic Forest 8000(5) 567(6) 8.7 0.6(10) 7.5(6) 4 Eastern Arc and Coastal Forests of Kenya/Tanzania 1500 121 75.0(1) 6.1(1) 6.7(4) 3 *Indo-Burma 7000(6) 528(8) 7.0 0.5 4.9(3) 3 *Western Ghats/ Sri Lanka 2180 355 17.5(7) 2.9(3) 6.8(5) 3 * Asia-Pacific countries

23. Region Number of cultural groups Population North America 250 3,500,000 Latin America and the Caribbean 800 43,000,000 Former Soviet Union 135 40,000,000 *China and Japan 100 67,000,000 *The Pacific 1273 2,000,000 *South east Asia 900 30,000,000 *South Asia 700 100,000,000 *Australia and New Zealand 250 550,000 Africa 2010 50,000,000 TOTAL 6418 336,050,000 Estimated Population of the World’s indigenous peoples’ Sources: Burger (1987), Hitchcock (1994)

24. DDeveloping Countries' Experience • Biopiracy leading to expensive, time consuming law suits: case of Ayahuasca in Brazil, neem and turmeric in India • Domestic & regional legislation developed to protect genetic resources and associated TK but lack of enforcement at the international level: India's Biodiversity Act, Costa Rican Biodiversity Law, Philippines EO247, Brazilian Bill of Access to Genetic Resources, Andean Community's Common System on Access to Genetic Resources, AU Draft legislation on Community Rights & Access to Biological Resources. • TBGRI/Pushpangadan’s Model of benefit sharing.

25. Biodiversity & TK: Capital Assets of Asia-Pacific Countries • Biodiversity and TK are two invaluable capital assets of South countries for: • Building up IPR- covered bio-industrial enterprises • Herbal Drugs • Pharmaceuticals • Natural product development sectors • Generating economic wealth and improving quality of life and well- being of people Contd…….

26. Biodiversity & TK: Capital Assets of Asia-Pacific Countries (Contd.) • Building up S&T capability in advanced technologies of bioprospecting • Human resource development in Biotechnology, Bioinformatics and Bioprospecting • Empowering local and indigenous communities for conservation, sustainable use and building up location –specific biodiversity enterprises through S&T intervention

27. Biodiversity & TK: Bridging the North-South Gap • Asia-Pacific countries SHOULD: • Develop capability in biotechnology, bioinformatics and bioprospecting through national, regional and global ‘biopartnership’ programmes • Address and resolve the issues of access to and transfer of genetic resources and technologies between North- South countries Contd……..

28. Biodiversity & TK: Bridging the North- South Gap Asia-Pacific Countries should: • Prevent bio-piracy and misappropriation of genetic resources and TK • Develop an international system for protection of TK • Develop effective mechanisms for fair and equitable benefit sharing and technology transfers

29. Biodiversity-based sustainable Development: Strategies for Asia-Pacific Countries • Generating new knowledge and Converting it in to useful products, production processes, technologies through S&T intervention • Transfer of such production technologies and services to industry and commerce • Protection of IPR • Equitable benefit sharing among all stakeholders • Empowerment of people

30. BIOPARTNERSHIP: RELEVANCE OF APCTT APCTT can bring the Asia-Pacific Countries should come together to develop Strategies for: • Easy and regulated access to genetic resources & TK and biotechnologies • Exchange of information pertaining to conservation and sustainable use of biogenetic resources and associated TK • Mutually Agreed Terms • Prior Informed Consent • Equitable Benefit Sharing Agreement

31. BIOPARTNERSHIP: RELEVANCE OF APCTT APCTT can help Asia Pacific Countries: • Build up S&T Capabilities • Capitalize biodiversity and TK for bioindustrial development • Insulate from Biopiracy • Ensure national sovereign rights over biodiversity and TK • Empower local and indigenous communities, including women • Build up location –specific biodiversity enterprises using local bio-resources and TK through S&T applications

32. BIOPARTNERSHIP: RELEVANCE OF APCTT APCTT can help in Capacity building and Training for Asia-Pacific countries AREAS:Biodiversity & TK Biotechnology Bioinformatics Bioprospecting

33. APCTT can help in in Capacity Building and Training for Asia-Pacific countries • STRATEGIES: • 1.Development of Transparent Policies and Mechanisms to ensure: • Access to and transfer of genetic resources and technologies among participating countries • Evolving equitable benefit sharing models based on sustainable use and S & T based value addition to bioresources and associated TK Contd...

34. STRATEGIES (Contd.): 2.Promotion of multi-country collaborative R&D projects on various facets of Bioprospecting, particularly herbal drug and pharmaceutical prospecting and other natural product development sectors 3. Generation of IPR- covered products, processes, technologies and services, and thereby converting the bio-resources and associated TK in to economic wealth of the country and its people.

35. Action Programme • Important points that the biodiversity rich • third world nations should undertake: • Complete inventory &documentation of all Biological resources including the microorganisms • Check list/database of the floristic wealth of the nation along with the associated knowledge system • Ground check to know the actual situation and identify the gaps: • Study - genetic diversity, distribution pattern, association pattern and gradients • Identify- rare, endemic and endangered status of spp. , if any.

36. Action Programme • Prepare -passport data of all important and endemic biodiversity. Passport data should cover morphological, cytological, chemical and molecular level (DNA/gene level) information so as to prevent bio/gene piracy. • Identification of problems and solutions in conservation, threatened status of species, ecosystems -with causes of threats. • Identification of problems and solutions in conservation.

37. Chemical prospecting • Drug and pharmaceuticals • Pesticides • Cosmetics • Food additives • Other industrially valuable Chemical products BIOPROSPECTING • Gene prospecting • Genetic Engineering • Crop development • Fermentation • Cell culture • Bionic prospecting • Designs • Sensor technologies • Architecture • Bioengineering • Bio-modeling

38. Biodiversity & IK / TK Bioprospecting Biotechnology Information Technology • Drug • development • Pharmaceuticals • Nutraceuticals • Agro-chemistry • Cosmetics/ • cosmaceuticals • Proteins • Enzymes • New crop • varieties • GMOs • GM foods • Designs, etc. Herbal Technology Bioinformatics Conservation Benefit sharing Sustainable use IPR BIOPROSPECTING : LINKAGES AND LEADS

39. Bioprospecting and the new IPR regime Given the global trends in capturing the intellectual property markets, the Third World nations in the Asia pacific now needs to look ahead for the best possible ways and means by which they can generate IPR and build up IPR covered bioindustrial regimes. Biotechnology (BT), Information Technology (IT) and Herbal Technology (HT) are the three fast emerging and powerful areas of R&D in current century. The rich biodiversity, associated knowledge systems and human resources etc. are the strength of Asia-pacific countries, and therefore have the best opportunity.

40. IPR Issues / Benefit Sharing Strategies • Appropriate Procedures for IPR Protection/Benefit sharing • Documentation & Registration of TK – Medicinal plant use & Conservation at local , state and national level. • Contribution to TKDL & TKRC • Value addition to TK & Indigenous Medicinal Plants – Scaling up IPRs • Herbal drugs, Pharmaceuticals, Natural products & byproducts, Nutraceuticals, Functional foods, etc.