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

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Module 1: Introduction to the Convention on Biological Diversity

Presentation transcript:

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

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

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 ».

OBJECTIVE OF THE DISTINCTION To fulfill the conditions: Art « 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 ».

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

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

COMMERCIAL RESEARCH Specimen : strategic usable material Intellectual input : intellectual property  Non material  Secret or patented

CHANGE OF USE From 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