BASIC RESEARCH VS COMMERCIAL RESEARCH

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BASIC RESEARCH VS COMMERCIAL RESEARCH

• Dr Jean-Dominique WAHICHE
• Museum national dhistoire naturelle, Paris
  France

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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

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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 .

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OBJECTIVE OF THE DISTINCTION

• To fulfill the conditions
• Art. 15.7  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 .

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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
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NON COMMERCIAL RESEARCH

• Specimen material property
• ? Natural scientific heritage
• Conservation
• Knowledge
• Exchange
• Education
• Intellectual input
• publication
• Legal consequence public domain (with possible
  restrictions)

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COMMERCIAL RESEARCH

• Specimen strategic usable material
• Intellectual input intellectual property
• Non material
• Secret or patented

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CHANGE OF USEFrom 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