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BASIC RESEARCH VS COMMERCIAL RESEARCH

This article discusses the distinction between basic research and commercial research in the context of the Convention on Biological Diversity. It explores the objectives, conditions, definitions, and legal consequences of each type of research, as well as the need for fair and equitable sharing of research results and benefits.

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BASIC RESEARCH VS COMMERCIAL RESEARCH

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  1. BASIC RESEARCH VS COMMERCIAL RESEARCH Dr Jean-Dominique WAHICHE Museum national d’histoire naturelle, Paris – France

  2. CONVENTION ON BIOLOGICAL DIVERSITY Need for research • Art. 7 Identification & monitoring • Art. 8 In situ conservation • Art. 9 Ex situ conservation • Art.12 Research & training • Art. 13 Public education & awareness Conditions of research • Art. 15 Access to genetic resources

  3. DEFINITIONS • Frascati manual « Basic research is experimental or theoretical work undertaken primarily to acquire new knowledge of the underlying foundations of phenomena and observable facts, without any particular application or use in view » « Applied research is also original investigation undertaken in order to acquire new knowledge. It is, however, directed primarily towards a specific practical aim or objective ».

  4. OBJECTIVE OF THE DISTINCTION To fulfill the conditions: • Art. 15.7 « Each contracting party shall take legislative….measures with the aim of sharing in a fair and equitable way the results of research • and the benefits arising from the commercial and other utilization of genetic resources . • Such sharing shall be on mutually agreed terms ».

  5. INTENT • NON COMMERCIAL • COMMERCIAL Commercialization: converting to commercial use (sale, use or exchange), including preparation or positioning for such use with patenting, licensing or advertising. Commercial research: research undertaken in order to acquire new knowledge directed primarily towards a potential commercial use, including preparation or positioning for such use Legal base: intention: good faith, bona fide

  6. NON COMMERCIAL RESEARCH • Specimen : material property  Natural scientific heritage • Conservation • Knowledge • Exchange • Education • Intellectual input: publication Legal consequence : public domain (with possible restrictions)

  7. COMMERCIAL RESEARCH • Specimen : strategic usable material • Intellectual input : intellectual property • Non material • Secret or patented

  8. CHANGE OF USEFrom non commercial to commercial • Through own lab : new contract with provider for benefit sharing • Through third party :  new contract with provider • contract with third party including benefit sharing Example : International treaty on plant genetic resources for food and agriculture

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