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The Convention on Biological Diversity, access to genetic resources and IPR

The Convention on Biological Diversity, access to genetic resources and IPR. Yovana Reyes Tagle University of Helsinki. Background. 1992: Convention on Biological Diversity 1994: TRIPS Agreement

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The Convention on Biological Diversity, access to genetic resources and IPR

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  1. The Convention on Biological Diversity, access to genetic resources and IPR Yovana Reyes Tagle University of Helsinki

  2. Background • 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

  3. DOHA DECLARATION • The Declaration calls for the need to “examine, inter alia, the relationship between the TRIPS Agreement and the Convention on Biological Diversity, the protection of traditional knowledge and folklore, and other relevant new developments raised by members pursuant to Article 71.1…

  4. Objectives of the CBD • conservation of biological diversity, • sustainable use of its components and • fair and equitable sharing of the benefits arising out of the utilization of genetic resources

  5. Access to genetic resources • Sovereignty of states over their natural resources • “States have, in accordance with the Charter of the United Nations and the principles of international law, the sovereign right to exploit their own resources pursuant to their own environmental policies, and the responsibility to ensure that activities within their jurisdiction or control do not cause damage to the environment of other States or of areas beyond the limits of national jurisdiction.” Article 3 CBD

  6. Access to genetic resources • Terms and conditions (Article 15 CBD) • National law and policies • Creation of conditions to facilitate access to genetic resources for environmentally sound uses • Country of origin • Mutually Agreed Terms • Prior Informed Consent • Benefit sharing in a “fair and equitable way”

  7. Market for genetic resources • Pharmaceutical sector • Cosmetics and personal care • Biotechnology and related sectors • Plant breeding • Botanical medicine • 1997: Natural product-derived pharmaceuticals represented 40% of global pharmaceutical sales

  8. Importance of traditional knowledge • “25% of modern medicines are made from plants first used traditionally.” • (WHO, Fact Sheet No 134. May 2003) • Medicinal plant research • Information about agriculture and the traditional medicinal use of plants

  9. Importance of traditional knowledge • Role 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) • Contribution of TK to sustainable management of lands and water, to climate change, to sustainable development, to combat desertification, and to preserve biodiversity

  10. Current context • Development of biotechnological industry • Preservation of biodiversity • Indigenous peoples culture and rights • Benefits from commercialization of resources • National, regional and international biodiversity policies • Economic opportunity: • Research and development • Technology transfer • Demand for natural products

  11. The Kani case • Anti-fatigue properties of the plant TrichopusZeylanicus • Anti-fatigue drug: Jeevani • Payment of royalties for the Kani community • The Tropical Botanical Garden and Research Institute (TBGRI) and patent rights • Kerala KaniSamudayaKshema Trust: • sustainable use and conservation of biological resources • biodiversity register • development activities

  12. Smokebush case • Australia • Use of a native plant • the plant contains Conocurvone • Compensation for Aboriginal people?

  13. Implementation 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

  14. Issues under debate • Control of genetic resources and use of IPR over biological and genetic material • Benefit sharing • Prior Informed Consent • Mutually Agreed Terms (MTA) • Recognition of rights over TK • Mandatory disclosure of source of origin of genetic resources and TK in patent applications

  15. Promoting bioprospecting activities • Risks of promoting these activities • Collection: destroy or threat the conservation of genetic resources? • States interests and the private sector • Challenges for the national institutional framework • Access to ex situ collections • Monitoring measures and verification

  16. THANK YOU! Yovana Reyes Tagle (yovana.reyes@helsinki.fi)

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