1 / 20

An Industry Perspective on Access & Benefit Sharing

This presentation, delivered by Tom Jacob, Senior Advisor at DuPont and Chair of the ICC Task Force on Access and Benefit Sharing (ABS), examines the complex landscape of ABS in the context of the Convention on Biological Diversity (CBD). Highlighting the intricate relationships among various stakeholders, including indigenous and local communities, the talk delves into the challenges and opportunities for sustainable development related to bioprospecting and regulation. Jacob emphasizes the importance of balancing new obligations for industries while navigating the regulatory landscape.

kaspar
Télécharger la présentation

An Industry Perspective on Access & Benefit Sharing

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. An Industry Perspective on Access & Benefit Sharing Tom Jacob, Senior Advisor - Global Affairs, DuPont Chair, ICC Task Force on ABS tom.jacob@usa.dupont.com WTO 26 May 2004

  2. The CBD Context • CBD is dealing with legitimate issues • But range of potential issues is vast • Those issues go well beyond environmental concerns • But, as MEA, many countries delegate to environment ministries • Role of indigenous/local communities is huge • But very ill-defined • Broad support among nations • But non-environment matters deliberated by environment-focused delegates creates potential for “venue shopping”

  3. ABS From Our Perspective… • There is reason to hope for sustainable development benefits • Direct linkage of resources to in-country stakeholders, with expectation of benefits • Recognition of the linkages of development to ecological and social/cultural impacts • Nowhere are the agendas more complex • New obligations for countries --> new obligations for industry • We’re all trying to figure this out • We need time and country-level experience to find the right balance • Few countries with experience with ABS or PIC regulations

  4. A New CBD ABS Negotiation • Should be encouraging new regimes and experience, using Bonn Guidelines, but… • We now have new, broad negotiating mandate • Everything is on the table • Lock-in decisions with limited experience? • Danger to parallel processes • FAO International Treaty • WIPO Committee • WTO TRIPS Council

  5. Conceptual Model of CBD ABS In-situ Resource Pursuant to National Regime Bioprospecting Consultation w. Sovereign State Mutually Agreed Terms/PIC Consultation w. Indigenous/Local Communities Ex-situ R&D Development of Commercial Product Patenting of Commercial Product Sharing or Proceeds per MAT

  6. Complication: No National Regime In-situ Resource Pursuant to National Regime Bioprospecting Consultation w. Sovereign State ? Mutually Agreed Terms/PIC Consultation w. Indigenous/Local Communities Ex-situ R&D Development of Commercial Product Patenting of Commercial Product ? Sharing or Proceeds per MAT

  7. Complication: Pre-CBD Extraction In-situ Resource Pursuant to National Regime Bioprospecting Consultation w. Sovereign State ? Mutually Agreed Terms/PIC Consultation w. Indigenous/Local Communities Ex-situ R&D Development of Commercial Product Patenting of Commercial Product ? Sharing or Proceeds per MAT

  8. Complication: Pre-CBD w. “Country of Origin” In-situ Resource Pursuant to National Regime Bioprospecting Consultation w. Sovereign State ? Mutually Agreed Terms/PIC Consultation w. Indigenous/Local Communities Ex-situ R&D Development of Commercial Product Patenting of Commercial Product Sharing or Proceeds per MAT

  9. Complications: Non-Patent GRUse – Patent-Linked System In-situ Resource Pursuant to National Regime Bioprospecting Consultation w. Sovereign State ? Mutually Agreed Terms/PIC Consultation w. Indigenous/Local Communities Ex-situ R&D Development of Commercial Product Patenting of Commercial Product ? Sharing or Proceeds per MAT

  10. Complications: Burden of Transaction Costs In-situ Resource Expected Value of GR Pursuant to National Regime Bioprospecting Consultation w. Sovereign State Mutually Agreed Terms/PIC Consultation w. Indigenous/Local Communities Ex-situ R&D Development of Commercial Product Patenting of Commercial Product Sharing or Proceeds per MAT

  11. Complications: Lower Expected Value In-situ Resource Expected Value of GR Pursuant to National Regime Bioprospecting Consultation w. Sovereign State Mutually Agreed Terms/PIC Consultation w. Indigenous/Local Communities Ex-situ R&D Development of Commercial Product Patenting of Commercial Product Sharing or Proceeds per MAT

  12. Differing Perceptions of Value? • Reference case for many is “blockbuster” drug discovery from natural GR • Dependence of pharma on natural GR • Increased reliance upon new technologies for “drug design” • Less dependence upon natural GRs • Many major pharma firms reducing or eliminating natural product research • Remaining industries less likely to have “blockbuster” yields • Plant breeding, agrochemicals, flavours & fragrances, industrial enzymes, herbals, etc.

  13. Challenges Shaping ABS Evolution • Country ABS regimes • Bonn Guidelines + learn from our experience • FAO Standardized MTA • A useful model? • Disclosure of PIC/Origin proposals • Limited coverage and legal complications • Certificate of Origin/Source/Legal Provinance proposals • Workable or will it collapse of own weight?

  14. Challenges Shaping ABS Evolution • Traditional Knowledge and Indigenous & Local Communities obligations • TK very complex IPR challenge • Countries must sort this out consultative relations • Codes of Conduct among Commercial, Public and Non-Profit Institutions • Important, but too few as yet

  15. Bye, Now...

  16. Negotiating Boundary Conditions • Trading system • Evolved over hundreds of years • “Environmental” system • Evolved in past several decades • Not yet institutionalized • Quite undisciplined

  17. Convention on Biological Diversity (CBD) • An environmental treaty… • Biological diversity, ecosystem integrity • But also an economic/social treaty • rights to genetic resources and traditional knowledge • rights of indigenous and local communities • equity concerns, and sharing of benefits • There is reason to hope for sustainable development benefits • Direct linkage of resources to in-country stakeholders, with expectation of benefits • Recognition of the linkages of development to ecological and social/cultural impacts

  18. Bonn Guidelines -- A Major Step • A broad “inventory” of potential measures and ideas • Workable if used selectively • Needed: Countries to gain experience implementing regimes • Few countries with experience with ABS or PIC regulations • Need experience to learn implications of potential elements of ABS regimes • Should be encouraging new regimes and experience, using Bonn Guidelines

  19. Complication: Exemption for Academic Research In-situ Resource Pursuant to National Regime Bioprospecting Consultation w. Sovereign State Mutually Agreed Terms/PIC Consultation w. Indigenous/Local Communities Ex-situ R&D Development of Commercial Product Patenting of Commercial Product Sharing or Proceeds per MAT

  20. Complication: Exemption for Academic ResearchProducts In-situ Resource Pursuant to National Regime Bioprospecting Consultation w. Sovereign State Mutually Agreed Terms/PIC Consultation w. Indigenous/Local Communities Ex-situ R&D Development of Commercial Product Patenting of Commercial Product Sharing or Proceeds per MAT

More Related