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 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 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… 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…

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

Access to genetic resources Sovereignty of states over their natural 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 “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

Access to genetic resources Terms and conditions (Article 15 CBD) Terms and conditions (Article 15 CBD) National law and policies National law and policies Creation of conditions to facilitate access to genetic resources for environmentally sound uses Creation of conditions to facilitate access to genetic resources for environmentally sound uses Country of origin Country of origin Mutually Agreed Terms Mutually 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 resources Pharmaceutical sector Pharmaceutical sector Cosmetics and personal care Cosmetics and personal care Biotechnology and related sectors Biotechnology and related sectors Plant breeding Plant breeding Botanical medicine Botanical medicine 1997: Natural product-derived pharmaceuticals represented 40% of global pharmaceutical sales 1997: Natural product-derived pharmaceuticals represented 40% of global pharmaceutical sales

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

Importance of traditional knowledge Role in the pharmaceutical sector Role in the pharmaceutical sector “ ” (Colin and Jannie, 2004) “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 Contribution of TK to sustainable management of lands and water, to climate change, to sustainable development, to combat desertification, and to preserve biodiversity

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

The Kani case Anti-fatigue properties of the plant Trichopus Zeylanicus Anti-fatigue properties of the plant Trichopus Zeylanicus Anti-fatigue drug: Jeevani Anti-fatigue drug: Jeevani Payment of royalties for the Kani community Payment of royalties for the Kani community The Tropical Botanical Garden and Research Institute (TBGRI) and patent rights The Tropical Botanical Garden and Research Institute (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 Australia Australia 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 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 debate Control of genetic resources and use of IPR over biological and genetic material Control of genetic resources and use of IPR over biological and genetic material Benefit sharing Benefit sharing Prior Informed Consent Prior Informed Consent Mutually Agreed Terms (MTA) Mutually Agreed Terms (MTA) Recognition of rights over TK Recognition of rights over TK Mandatory disclosure of source of origin of genetic resources and TK in patent applications Mandatory disclosure of source of origin of genetic resources and TK in patent applications

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

THANK YOU! Yovana Reyes Tagle