Biodiversity and bioprospecting: Balancing conservation, access, innovation and benefit sharing

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Biodiversity and bioprospecting Balancing
conservation, access, innovation and benefit
sharing
Author Kristin Rosendal Occasion Irish Council
of Bioethics, Policy Conference Place and date
Dublin 9 October 2007
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International agreements

• Convention on Biological Diversity (CBD)
  objectives Balance conservation, access and
  benefit sharing
• TRIPS/WTO and WIPO objective Stimulate
  innovation through patents (IPR)
• FAO objective Access to breeding material for
  food and agriculture
• Implementing agreed but diverging objectives?

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Objectives for genetic resources

• Innovation and legal protection Breeders and
  bioprospectors need legal protection
  (intellectual property rights) of genetic
  material to assure returns from investments in
  genetic improvement
• Access Breeders and bioprospectors need access
  to genetic resources to produce food and
  medicines at reasonable prices for consumers
• Conservation Biodiversity is threatened and
  there is a need to create incentives for
  conservation through benefit sharing
• Benefit sharing A prerequisite for equity
  between users and providers - may enhance
  incentives for conservation
• How to balance between legal protection access
  - and stimulate innovation, equity and
  conservation?

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Negotiating the CBD

• Convention on Biological Diversity CBD
• The conflict in the CBD negotiations
• 1. Main bulk of terrestrial species diversity
  found in tropical areas
• 2. Genetic resources and traditional knowledge
  Input factors for biotechnology
• 3. Privatisation patents increasing within life
  sciences
• 4. Patents hardly applicable in developing
  countries

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The Bonn Guidelines (2002) advice

• Prior informed consent and mutually agreed terms
  in bioprospecting deals
• Participation of all stakeholders (8j)
• Disclosure of information on access and country
  of origin in patent application
• Establishment of Certification system for trade
  in genetic resources

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Disruptive Effects of Interaction

• Some views on disruptive effects
• IRP vs conservation IPR systems may indirectly
  weaken indigenous and local groups in bilateral
  bioprospecting deals
• Too broad IPR stifle innovation
• IPR vs equity IPR hardly provides incentives for
  conservation. Unrealistic expectations?
• Challenge Develop compatible policies and
  institutions in countries providing and countries
  using genetic resources

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Implementation the realist view

• Forum shopping from CBD to TRIPS
• WTO/TRIPS strong economic sanctions dispute
  settlement mechanisms, powerful states dominate
• TRIPS plus bilateral free trade agreements
• WIPO substantive patent law treaty

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Implementation the realist view

• Weak bilateral negotiation power in South for
  bioprospecting deals
• Lack of administrative capacity
• Geographical distribution of genetic resources
• Small revenue from bioprospecting
• Lack of compatible ABS regulation in user
  countries

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Implementation Norms count

• Green legitimacy
• Private sector users seek legitimacy in genetic
  resources transactions
• Norms and learning
• International fora spread of norms on ABS
  (UNCTAD, UNESCO, WSSD, WIPO and traditional
  knowledge)
• ABS in CBD EU following G77 on disclosure
• National implementation follow Bonn guidelines
• Conclusion Scope for reconciliation or theory
  determines findings?

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Some ethical issues

• The asymmetry between the north and the south
  directs our attention to ethical aspects of
  benefit sharing as well as equity in accessing
  food and medicines
• The three-fold objectives of the CBD
  (conservation, access to use and equitable
  benefit sharing) directs attention to the common
  responsibility for conservation An ethical duty
  towards the environment and wild species of
  plants and animals
• This could imply an ethical obligation to resolve
  the inequities in bioprospecting That involves
  compatible legislation in user countries
• How to formulate patent legislation that does not
  hamper access to basic research (genes, seeds)
  and in turn innovation?

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Thank you

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