ABS MANAGEMENT TOOL : International Stakeholder Workshop

1. ABS MANAGEMENT TOOL : International Stakeholder Workshop by Eileen Yen Ee Lee 27 & 28 November 2006 Costa Rica

2. Overview • Brief Intro to SBC - RPS • Brief Report on ABS-MT Workshop • Workshop Participants’ Response • How practical is the Toolkit?

3. Sarawak Biodiversity Centre Ordinance (1997) establishes the Sarawak Biodiversity Council & the Sarawak Biodiversity Centre (SBC) SBC’s statutory function includes regulating access to the State’s biological resources – Research Permit System Sarawak Biodiversity Centre (Amendment) Ordinance (2003) SBC :Research Permit System

4. Regulating Access to Biological Resources & Associated TK • Application for Access Permit • Evaluation of Research Proposal • Approval for Permit Issuance • Research Agreement includes deposit of specimens & reports equitable sharing of benefits • Issuance of Permit • Post Research Briefing & Submission of Reports

5. Regulating Access to Biological Resources & Associated TK • Material Transfer Agreement • Memorandum of Agreement • Research Permits

6. ABS-MT Workshop in Malaysia • CBD/COP 8 in Curitiba – side event • Jorge’s meeting with State Attorney General – 17 July 2006 • ABS-Workshop in Malaysia – 18 July 2006 • 24 participants from : • Government Departments – SPU, DOA • Government Ministries - MNRE • Universities – Faculty of Law; Faculty of Resource Science & Technology • Malaysian Biotech Corporation • Biotech Companies • IGO – IPGRI • Statutory Bodies – SEDC, SFC

7. ABS-MT Workshop Objectives • To bring together various stakeholders so that they will be better aware of their respective roles and responsibilities • To present to stakeholders the draft ABS-MT Toolkit and clarifications on the Field Test’s objectives, meaning and implication • To provide stakeholders a forum to discuss their respective concerns and suggestions • To launch the ABS Management Tool Field Test in Sarawak/Malaysia

8. Participants’ Responses Corporation • Federal Government to implement the ABS-MT as States have own ordinances and regulations on access to biological resources • ABS-MT, if accepted for implementation, will help set parameters for ABS negotiation in Malaysia Community • who should get benefits for shared common knowledge • how is knowledge valued & is some perceived to be more valuable than others

9. Participants’ Responses Government & University • Request that the Toolkit includes an indication of ‘magic number’ e.g. % for royalties Inter-Governmental Organization • A legal instrument to monitor/protect use of GR derivatives Generally • that SBC carry out the field test

10. Individual Responses • “discussion with Jorge was very interesting and useful in the sense that it gives me a broader perspective on this issue of ABS. ” • “a good introduction to the availability of the tool.” • “make it (ABS-MT Toolkit) more interactive instead of having to read through it.”  • “it can only be effective if there is a Federal law covering the whole of Malaysia … a linkage between compliance with the ABS regulations and the granting of patent rights. In other words, non compliance of the ABS regulation will lead to any patent granted being invalidated for non disclosure of source, consent, benefit sharing etc.” 

11. Individual Responses • “propose at least a regional agreement.” • “look forward to how communities can be trained to take on their role to negotiate the ABS.”   • “to consider what communities need in order to take advantage of the tool.” • “In theory this seminar all sounds very good but I feel you need to put it to the real test on a live case to see how it will work.”

12. Responses from Biotech Companies • Not possible to specify cost of specimen … not feasible to pay for specimens • Should allow export of specimens • Up front payment to be made to community is a put-off • If a product contains multiple plant extracts from different communities, it would be impossible to share benefits with all • It is impossible to share benefits with community for the use of their TK • Benefits - the company is considered to have given benefit by creating jobs • Government should indicate amount for royalties

13. How practical is the Toolkit?