BIOPROSPECTINGBIOPROSPECTING

Bioprospecting involves searching for, collecting, and deriving genetic material from samples of biodiversity that can be used in commercialized pharmaceutical, agricultural, industrial, or chemical processing end products

By the early 1990s, objections to uncompensated bioprospecting that does not share benefits with the source country became contentious. Since 1991, the Convention on Biological Diversity (CBD) has embodied the principles of compensated bioprospecting globally.

Systematic search for valuables, molecules, genes and organisms in nature, has the potential to develop countries a means to use biodiversity without disrupting nature.

Contd…Contd…

The interaction between biotechnology use and biodiversity conservation and its sustainable does require a careful designed strategy to complement other aspects of biodiversity protection and socio-economic development.

Compensated bioprospecting involves obtaining prior informed consent (Permission to do something) from the source country, sharing benefits, and promoting sustainable use of biodiversity

BIOPROSPECTING FRAMEWORKSBIOPROSPECTING FRAMEWORKS

Bioprospecting is notably complex and should incorporate benefits in terms of capacity building and technology transfer for the country.

Direct financial benefits and potential royalties for conservation; and the involvement of a country's national and local institutions and entities, the creation of industrial incentives, and the attraction of potential industrial activities in general.

BIOPROSPECTING PROGRAMSBIOPROSPECTING PROGRAMS

1. Supportive macro-policies,

2. Integrated set of biological research,

3. Business development and

4. Technology transfer

bioprospecting include interactions with many disciplines, from humanities, law and business to basic and applied sciences

MACRO-POLICIESMACRO-POLICIES

Macro policies represent the fundamental point of departure for

bioprospecting framework and comprises-

Set of governmental and international regulations,

Laws and economic incentives that determine biodiversity

ownership,

Land use patterns,

Access to and control of biological resources,

Implementation of intellectual property rights (IPR),

Contd…Contd…

Technology promotion, and industrial development

Macro-policies are formed on the international, national and social levels.

International agreements, conventions and other mechanisms provide guidance for sharing biological resources between countries and leave major responsibilities of designing adequate legislature and regulations to each individual country

CONVENTION ON BIOLOGICAL DIVERSITY CONVENTION ON BIOLOGICAL DIVERSITY (CBD)(CBD)

The Convention on Biological Diversity (CBD), known informally as the Biodiversity Convention, is an international legally binding treaty.

Prior to the Convention on Biological Diversity, most countries considered genetic resources be the "common heritage of humankind”.

The convention, by asserting the Control of nations over their biodiversity, clearly recognizes the right of countries to establish legislation regulating access to genetic resources and, if they wish, require payment for that access.

Contd…Contd…

Biodiversity prospecting offers suggestions to governments, non-governmental organisations, scientists, and industry on designing effective and equitable biodiversity prospecting program serve as the lead compounds.

Premise of Biodiversity Prospecting is that appropriate policies and institutions are needed to ensure that the commercial value obtained from genetic and biochemical resources are a positive force for development and conservation.

ISSUES UNDER THE CONVENTIONISSUES UNDER THE CONVENTION

Measures and incentives for the conservation and sustainable use of biological diversity.

Regulated access to genetic resources and traditional knowledge, including Prior Informed Consent of the party providing resources.

Sharing, in a fair and equitable way, the results of research and development and the benefits arising from the commercial and other utilization of genetic resources with the Contracting Party providing such resources

Access to and transfer of technology, including biotechnology, to the governments and/or local communities that provided traditional knowledge and/or biodiversity resources.

Contd…Contd…

Technical and scientific cooperation.

Impact assessment.

Education and public awareness.

Provision of financial resources.

National reporting on efforts to implement treaty commitments

INTERNATIONAL BODIES ESTABLISHED INTERNATIONAL BODIES ESTABLISHED BY THE CONVENTIONBY THE CONVENTION

Conference Of The Parties (COP)

It consisting of all governments that have ratified the treaty. This ultimate authority reviews progress under the Convention, identifies new priorities, and sets work plans for members.

The COP can also make amendments to the Convention, create expert advisory bodies, review progress reports by member nations, and collaborate with other international organizations and agreements issues.

Contd…Contd…

Secretariat It operates under the United Nations Environment Programme Its

main functions are to organize meetings, draft documents, assist member governments in the implementation of the programme of work, coordinate with other international organizations, and collect and disseminate information.

Subsidiary body for Scientific, Technical and Technological Advice (SBSTTA):

Is a committee composed of experts from member governments competent in relevant fields. It plays a key role in making recommendations to the COP on scientific and technical.

BIOPIRACYBIOPIRACY

For decades, new drugs have been found in exotic animals and plants. Genes from rare species and subspecies are also useful in producing new breeds, whether by genetic engineering or ordinary cross-breeding.

The drugs, and nowadays the new breeds as well, are typically patented. This causes trouble for developing countries that could use them.

Developing countries need support from world opinion in order to going against a view that companies strongly advocate: that biotech company investors are entitled to monopolies, regardless of how they affect anyone else.

Contd…Contd…

Biopiracy” has emerged as a term to describe the ways that corporations from the developed world claim ownership of, free ride on, or otherwise take unfair advantage of, the genetic resources and traditional knowledge and technologies of developing countries.

To start with the obvious, “biopiracy” is a compound word consisting of “bio”, which is short for “biological”, and “piracy”.

“Piracy” means-

1. The practice or an act of robbery of ships at sea

2. A similar practice or act in other forms, esp. hijacking

3. The infringement of copyright

A WORLDWIDE FIGHT AGAINST BIOPIRACY A WORLDWIDE FIGHT AGAINST BIOPIRACY AND PATENTS ON LIFE AND PATENTS ON LIFE

Worldwide opposition to biological piracy' is rapidly building up as more and more groups and people become aware that big corporations are reaping massive profits from using the knowledge and biological resources of Third World communities.

In this great race of companies to patent ahead of their rivals, for the coming century is already being termed 'the age of biology', when products derived from biological materials are expected to increasingly replace those made from metals and chemicals.

Contd…Contd…

The knowledge and use of 'biodiversity' resides with farmers and indigenous people, which have shared their knowledge and plants freely. Yet through patent applications, the companies are now claiming the exclusive right to produce and sell many 'modified' plants and animals, which have been manipulated to contain selected foreign genes.

SOME OF THE ACTIONS BY VARIOUS GROUPS SOME OF THE ACTIONS BY VARIOUS GROUPS AROUND THE WORLDAROUND THE WORLD

Legal challenges to patents

Some groups have recently filed legal petitions or test cases to challenge patents already granted. In Washington in September 1995, more than 200 organizations from 35 countries filed a petition at the US Patent and Trademark Office calling for the revocation of a patent given to W R Grace company to use a pesticide extract from the neem tree

In Brussels another legal petition was filed in June 1995 at the European Patent Office against a patent it had granted to W R Grace for a method that extracts the neem oil for use in controlling fungi on plants.

Contd…Contd… Farmers and indigenous people against life patenting

In India, farmers' movements led by M D Nanjundaswamy of the Karnataka Farmers' Union, are campaigning against the patenting of seeds and plants and the operation of foreign grain companies in the country.

At the UN Women's Conference in Beijing, 118 indigenous groups from 27 countries signed a declaration demanding 'a stop to the patenting of all life forms' which is 'the ultimate commodification of life which we hold sacred.'

Contd…Contd…

Parliaments vote against life patents

In March 1995, India's Upper House of Parliament forced the government to defer indefinitely a patent amendment bill to bring the Indian Patent Act in line with the World Trade Organization's treaty on intellectual property rights. The bill would have allowed for the patenting of life forms.

The European Parliament voted against the European Commission's proposed directive on 'legal protection of biotechnological inventions'

Contd…Contd…

Religious leaders and NGOs widen the campaign

In May 1995, leaders of 80 religious faiths and denominations held a joint press conference in Washington announcing their opposition to the patenting of genetically engineered animals and human genes, cells and organs.

Environment and development NGOs have also been increasingly active. Groups like the Third World Network, RAFI and GRAIN have been carrying out educational activities and also carrying out lobbying in the Biodiversity Convention.

CRUCIAL GLOBAL BATTLES AHEAD CRUCIAL GLOBAL BATTLES AHEAD

At international level, the World Trade Organization and the Biodiversity Convention are two critical forum for setting principles and legal frameworks on the patenting of biological materials and life forms.

The WTO's trade-related intellectual property rights (TRIPs) agreement will have the most decisive influence over national laws. TRIPs has ambiguous language in its clause on living organisms: patenting of microorganisms is compulsory, plants and animals can be excluded, but protection of one kind or another is required for plant varieties.

The Biodiversity Convention is presently more 'friendly', in recognizing 'farmers rights' to their knowledge over the use of biodiversity.

Contd…Contd…

The challenge for those campaigning against life patents is to ensure that the WTO does not make it compulsory for member countries to patent living organisms, and to develop within the Biodiversity Convention the case against biopiracy and concrete measures to counter it.