Secretariat of the Pacific Regional Environment Programme Ninth Global Forum on Bioethics in Research Auckland, New Zealand 3-5 December, 2008 Access & Benefit Sharing Issues in the Pacific: The Fable of the Mamala Plant

Secretariat of the Pacific Regional Environment Programme Access and Benefit Sharing issues History of access issues Post colonial era Farmer’s rights and improved crop varieties; low tech innovation Open Access – common heritage Environment and wild biodiversity Convention on Biological Diversity Conservation; access; fair sharing of benefits > research Negotiations: global regime v bilateralism

Secretariat of the Pacific Regional Environment Programme Demand for plants as food, medicines and ornamentals Pharmaceutical Botanical medicine Seed for crops Horticulture (ornamental) Crop protection Personal care and cosmetics bn in 1999 cf petrochemicals: 500bn A lot of money so, question of ownership of raw materials has become critical

Secretariat of the Pacific Regional Environment Programme Terms Bioprospecting means the obtaining of samples of biological or other material containing genetic material, biomolecules or biochemicals from areas within national jurisdiction for purposes of research on, conservation, commercial or industrial utilisation of the genetic material, biomolecules or biochemicals; Genetic material means any material of plant, animal, microbial or other origin containing functional units of heredity, and includes biomolecules and biochemicals;

Secretariat of the Pacific Regional Environment Programme Issues Non-misappropriation of GR and TK Fair compensation for use of GR Fair compensation for use of TK Preservation and legal protection of TK

Secretariat of the Pacific Regional Environment Programme CBD Objectives Conservation of Biodiversity Sustainable use of its components Fair and equitable sharing of the benefits arising out of the utilisation of genetic resources Human genes excluded

Secretariat of the Pacific Regional Environment Programme CBD 1992/1993 Took the opposite position fromPGRFA Sovereign rights of states over natural resources Governments to determine access to GR Endeavour to create conditions to facilitate access for environmentally sound uses by other Parties

Secretariat of the Pacific Regional Environment Programme IPRs

Secretariat of the Pacific Regional Environment Programme Traditional knowledge, sui generis protection Unsuitability of conventional IPR Indigenous and traditional peoples have urged that the inventiveness of traditional farmers in the area of crop improvement and traditional healers’ medicinal practices be recognised and rewarded. IPR laws such as patents, trade secrets, and plant breeders rights cannot adequately protect these types of inventiveness. On top of this, the sheer cost of applying for, maintaining and enforcing IPR protection is something few individuals or even communities can afford. For these reasons, indigenous and traditional peoples have argued for culturally appropriate IPR laws which would give them this recognition and protection. Several attempts have been made at the international level to articulate a sui generis law and calls for more concrete action are widespread.

Secretariat of the Pacific Regional Environment Programme Patents Inventions, compositions of matter, processes Investment Protection – limited monopoly Disclosure Licensing

Secretariat of the Pacific Regional Environment Programme Mamala The Samoan mamala tree, Homalanthus nutans, from which the promising anti-AIDS drug Prostratin was isolated. UC Berkeley researchers hope to extract from the tree the genes that make Prostratin, insert them into bacterial factories, and produce pure, inexpensive drugs for developing nations, sharing any profits with the Samoan people. (Photo by Paul Alan Cox and Patricia Stewart)

Secretariat of the Pacific Regional Environment Programme Points Consultation with the village Compensation to a village faction The act of patenting Mishandling the patenting process Arrangements for future benefit sharing Trial by publications

Secretariat of the Pacific Regional Environment Programme Agreements & royalty sharing The Falealupo Agreement, 1989 The ARA Agreement, 2001 The UC, Berkeley Agreement, 2004

Secretariat of the Pacific Regional Environment Programme Conclusion Regulating researchers: A code of conduct or ethics? National or institutional implementation Enforcement

Secretariat of the Pacific Regional Environment Programme Websites Biodiversity of PICs Bonn Guidelines CBD History of ABS negotiations: TK links TK/IPRs within WIPO’s Intergovernmental Committee (IGC)