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Scope

Commercial Research, Biodiversity and Benefit Sharing: Exploring Best Practices for Biotrade and ABS – Windhoek, Namibia, 18 th to 20 th June 2007 The cosmetics food and beverages industry perspective. Scope. Southern Africa EU markets Not genetic resources Biological resources

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Scope

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  1. Commercial Research, Biodiversity and Benefit Sharing: Exploring Best Practices for Biotrade and ABS – Windhoek, Namibia, 18th to 20th June 2007The cosmetics food and beverages industry perspective

  2. Scope • Southern Africa • EU markets • Not genetic resources • Biological resources • Associated TK • Many complex issues – will raise 5 issues

  3. Objective • Biodiversity sustainably utilised • Primary producers benefit substantially from the trade in their products, supports their multiple livelihood strategies • Value-adding technology transferred, industrial development for Nations • Shared IP and other equity if possible

  4. Generating new commercial benefitsWhat are we up against? • Supply chains need developing • Sustainability considerations • Basic and applied research needs • Product R&D • Need to establish functional commercial relationships • Regulatory approval (EU Novel Foods, THMPD, REACH, etc) • Comprehensive understanding of markets • Consumer education • Competition

  5. Some current “competitors”Common denominators? • Grape seed extract • Lycopene • Soy isoflavones • Olive extracts • Green coffee extract • Omega 3 and 6 oils • Oryzanol

  6. Common denominators? • Waste or by-products from industry • Cheap and well-established supply chains • Numerous IP opportunities (process patents, new use patents, trade names) • No ABS issues • Useful properties and safety heavily researched by public and academic and private research institutions • Huge funding from public sector

  7. Current practicesGenerally accepted bad practice? • University student researches biological activity of African plant, and publishes • Company becomes interested, and approaches commercial farmer in Africa if he can supply sample • Farmer asks worker to harvest some on farm, supplies company sample • Company carries out R&D, confirms interest • Company protects product with IP on process and/or new application • Contacts farmer for quote on pilot and commercial scale supplies • Commence trading relationship with farmer who procures stock from surrounding communal areas • Industry develops based only on exchange of raw material at agreed price

  8. Current best practice • Producers, TK holders collaborate with national stakeholders to priorities opportunities • Gather all available data and literature • Review IP arena • Review all commercial developments • Take expert legal AND commercial advice • Commission selected R&D • Target appropriate companies • Exchange above with samples with Material Transfer Agreement

  9. Current best practice • If desirable move from MTA to further agreement – could be letter of intent, heads of agreement, then more detailed • Clarify objectives, agree principles • Agree cost, obligations and what would happen if commercially successful, or unsuccessful • Include transfer of technology (when technically and commercial feasible) and shared IPR • Southern African Natural Products Intellectual Property Trust

  10. Ad hoc, reactive, too late to gain benefits, un-coordinated, relevant parties not understanding value chain, no partnership Pro-active, coordinated, stakeholder participation, demand driven, value-chain understood, partnership approach Bad and good practice

  11. Can we get thedesired collaboration? • Technology transfer agreed • Shared IP (patents, trade marks) • Shared costs • Milestones, performance targets • Perform at all times within the content and spirit of the CBD • (Currently operational under law of contract)

  12. The ABS playing fieldbusiness might be interested in • Simple procedures • Legally robust, clear definitions • Clear understanding of who the relevant stakeholders are • Clear understanding of what requires ABS, and what is simply trade • All parties to understand commercialisation difficulties, complexities, costs, risks

  13. Issues to consider • Scientific research should not be stifled, but it must consider implications of publication, need for guidelines • To be a beneficiary in ABS value needs to be brought to the negotiations such as functionality, competitiveness • Need to clarify the relationship between process and new use patents, the biological resource and derivatives, and the associated TK

  14. Issues to consider • Some commercial opportunities are very difficult to quantify, and we cannot burden small opportunities with excessive ABS expectations – how do we manage expectations • How do we qualify and quantify TK when it is something relatively basic such as “used as a food”?

  15. Thank You

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