Access to and Use of Traditional Knowledge A view from industry Bo Hammer Jensen

What is it we all want – A good life – Security – Acknowledgement

Stakeholders Providers:States Local Communities Users: Scientific Institutions IndustryOthers: ex situ collections NGOs

Vision21 OUR PURPOSE Our business is to discover and market products which satisfy real needs - improving the way people live and work. We find better ways to fight the burdens of disease and to provide sustainable biological solutions to industrial problems. OUR MISSION We shall be the best in our businesses and a challenging place to work. We shall grow as an independent company making all important business, people, and policy decisions ourselves. We shall pursue innovation in all our activities and aggressively build leadership positions in our markets. We shall make Novo Nordisk our customers' preferred partner. We shall deliver a competitive financial performance. OUR WAY Accountable Each of us shall be accountable - to our company, our colleagues and ourselves - for the quality of our efforts, for contributing to our goals, and for developing our culture and shared values. Ambitious We shall set the highest standards in everything we do and reach challenging goals. Open and honest Our business practices shall be open and honest to protect the integrity of the company and of each employee. Close to our customers We shall seek simplicity in all our business processes, share information, and push initiative as close to our customers as possible to release personal energy and to constantly improve performance. Ready for change We must foresee change and use it to our advantage. An ongoing dialogue between management and employees shall ensure that personal training and development activities strengthen our company and secure the employability of our employees preferably within Novo Nordisk. Responsible neighbour We shall all over the world conduct our business as socially and environmentally responsible neighbours, and contribute to the enrichment of our communities.

Requirements on the Use of and Access to Genetic Resources Guiding Principles: No microbial strain or natural material obtained without proper prior informed consent from the country of origin will be included in screening All materials screened should be covered by contracts and/or material transfer agreements Conditions should be on mutually agreed terms and should include benefit sharing, intellectual property rights and technology transfer arrangements where appropriate Contracts should be covered by the proper authority in the country of origin The country of origin will be mentioned in relevant publications and patent applications

The Legal Framework Convention on Biological Diversity (CBD, 1992) National and regional legislation on Access and Benefit Sharing (Arts. 15 & 16) Rights of local communities and indigenous people (Art. 8(j)) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS, 1994) National and regional legislation on Patents, Copyrights, Designs, Plant Breeders Rights, etc.

The CBD The purpose of the CBD is: –preserving the biological diversity of the earth –using the resources of the earth in a sustainable manner –sharing the benefits obtained from the use thereof in a fair and equitable manner

The TRIPS The purpose of the TRIPS is: – reducing distortions and impediments to international trade – promoting effective and adequate protection of intellectual property rights – ensuring that measures and procedures to enforce intellectual property rights do not themselves become barriers to legitimate trade

The Assertion No Patents No Benefits

The underlying principle Article 3. Principle Article 3. Principle 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 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..

Traditional Knowledge Article 8. In-situ Conservation Each Contracting Party shall, as far as possible and as appropriate: Each Contracting Party shall, as far as possible and as appropriate:... (j) Subject to its national legislation, respect, preserve and maintain knowledge, innovations and practices of indigenous and local communities embodying traditional lifestyles relevant for the conservation and sustainable use of biological diversity and promote their wider application with the approval and involvement of the holders of such knowledge, innovations and practices and encourage the equitable sharing of the benefits arising from the utilisation of such knowledge, innovations and practices; (j) Subject to its national legislation, respect, preserve and maintain knowledge, innovations and practices of indigenous and local communities embodying traditional lifestyles relevant for the conservation and sustainable use of biological diversity and promote their wider application with the approval and involvement of the holders of such knowledge, innovations and practices and encourage the equitable sharing of the benefits arising from the utilisation of such knowledge, innovations and practices;

The Problems How to: How to: (a)know what is traditional knowledge (a)know what is traditional knowledge (b)establish contact with owners of traditional knowledge (b)establish contact with owners of traditional knowledge (c)obtain prior informed consent (c)obtain prior informed consent (d)reach agreement on mutually agreed terms (d)reach agreement on mutually agreed terms (e)obtain certification thereof from national governments (e)obtain certification thereof from national governments (f)the conflict between Art. 3 and Art. 8(j) CBD (f)the conflict between Art. 3 and Art. 8(j) CBD

The Solutions Are not to make your own claims even more fantastic than the claims made by some companies! Sui generis systems are fine, but experience shows that you need internationally harmonised systems because knowledge knows no borders.