Transcript Document

Biodiversity Wealth and Opportunities for
Asia Pacific Countries in Biotechnology &
Herbal Technology
Dr. P.Pushpangadan
Director
National Botanical Research Institute
(Council of Scientific & Industrial Research)
Lucknow (India)
September 2003
Biodiversity
Biological diversity is the central tenet of
nature, one of its key defining features.
Evolution has produced an amazing variety
of plants, animals and micro-organisms,
intricately interconnected, and worthy of
respect and conservation in their own right.
Biodiversity is also the basis for the
continuous evolution of species. This
diversity is also the backbone of human
societies and cultures, in terms of the
ecological functions it provides and the
myriad survival and livelihood it meets.
Biodiversity
According to Convention on Biological
Diversity (CBD), biodiversity is “the
variability among all living organisms
from all sources, including, inter alia,
terrestrial, marine and other aquatic
ecosystems and ecological complexes
of which they are part; this includes
diversity within species, between
species and of ecosystems”.
Economic Values of
Biodiversity

Direct
 Indirect
Consumptive

 Food, Fodder


Fuel,Fiber,Medicine
 Natural compounds
 Genes,etc.

Non Consumptive

Tourism, Wildlife
watching, etc.






Climate regulation
Soil management
Waste disposal
Nutrient cycling
Hydrological regime
Species interactions
Eco-tourism
Recreation
Research
Genesis of the Global Concern on
Biodiversity Conservation
• First discussed in 1972 U. N. Conference at
Stockholm
• U. N. General Assembly by a resolution on 15th
December 1972 established UNEP. .
• First Governing Council met in 1973 identified
Conservation of Nature, Wildlife and Genetic
Resources as Priority areas.
• The World Commission on environment and
Development (WCED) was constituted in 1983.
• WCED submitted its report ‘Our Common
Future’ in 1987 called for Conservation of
Biodiversity for Sustainable Development.
Genesis of the Global Concern on
Biodiversity Conservation
• UNEP constituted an ad-hoc Working Group of
Technological and Legal experts to prepare
an
international
legal
instrument
for
conservation
and
sustainable
use
of
Biodiversity which resulted in ‘CONVENTION
ON BIOLOGICAL DIVERSITY’ (CBD).
–171 countries signed CBD in June 1992
during the Earth summit at Rio de Janeiro.
• CBD came - into force as an International Law
on 29th Dec. 1993.
• 186 countries are now parties to CBD (as on
Feb. 2003)
Conservation of Biodiversity
Strategies & Priorities
IUCN, UNEP & WWF 1980 came out with the
first Global Strategy for Conservation.
This Strategy defined conservation as:
“Management of human use of biodiversity so that
it may yield the greatest sustainable benefit to
present generation while maintaining its potential
to meet the needs and aspirations of future
generation”
This definition involves two complementary
components ‘Conservation’ and ‘sustainability’
WORLD TRADE AND ECONOMIES:
THE PARADIGM SHIFT
 “Resource – based economies’ to
‘Knowledge –based economies’
 21
Century will be the Century
of Knowledge”……
“A
st
nation’s ability to convert
knowledge in to wealth and social
good through the process of
innovation will determine its
future” ( R A Mashelkar, 2001)
Convention of Biodiversity (CBD)
Relevant Provisions of CBD

Article 3 recognizes the sovereign rights of
States over their biological resources.

Article 15 states that when access to genetic
resources is granted, it shall be on mutually
agreed upon terms and subject to Prior
Informed Consent.

Incentives to biodiversity-rich countries to
conserve and sustainably use their genetic
resources, including joint research, access to
& transfer of technology (Articles 15,16).
Relevant Provisions of CBD
(Contd...)

Article 16.2 addresses issues surrounding
the access to and transfer of technology,
governed by patents.
 Article 16.5 anticipates the difference in
objectives between IPR regimes and the
CBD and seeks to ensure that IPRs don't run
counter to the CBD.
 Article 8(j) underlines the need to protect TK
and points to the potential benefits to be
realized from such knowledge through
involvement of its holders and equitable
benefit-sharing.
Relevant Provisions of TRIPs
on Biological Resources

Under Article 27, virtually all inventions are to
be patented if they are new, involve an
innovative/inventive step and are capable of
industrial application.
 Exceptions to patentability include plants,
animals ( other than microbes) and biological
processes for the production of the above.
However plant varieties must be protected
either by sui generis or by patenting (27.3(b)).
Relevant Provisions of TRIPs
on Biological Resources
(Contd….)

Article 30 confers limited exceptions to the
rights conferred on patent holders, taking into
account the legitimate interests of third
parties.
 Article 29 imposes two conditions on patent
applicants; that they disclose the invention
clearly and completely enough for a person
skilled in the art to reproduce it and it 'may'
require an applicant to provide information
concerning the applicant's corresponding
foreign applications and grants.
TRIPS-CBD Relationship

Absence of explicit compatibility, Difference of
approach and priority given to issues which
are ultimately related. This has led to violation
of the CBD (Articles 8,15 &16).
 TRIPs ignores a vast range of valuable,
traditional knowledge (TK) because it doesn't
meet the standards of patentability.
TRIPS-CBD Relationship
(Contd..)

TRIPs undermines CBD in cases of biopiracy,
by putting the burden of proof on the source
country rather than patentee. Identification of
unique source material as required in Art.29 of
TRIPs is insufficient. Lack of transparency in
the patent application procedure.

TRIPs doesn't require the recognition of
domestic laws protecting access to genetic
resources and TK and subsequent benefit
sharing.
The Need to Amend the TRIPs
Agreement

Absence of a clear reference to CBD and the
relationship with CBD could hinder the
implementation of the latter by violating the
primary principle of sovereignty over
genetic resources.

TRIPs
should
provide
international
recognition of relevant domestic legislation
of its member countries, especially as far as
access and benefit sharing issues are
concerned.
The Need to Amend the TRIPs
Agreement (Contd...)

It is far more cost effective in the long run to
establish an internationally accepted solution
through TRIPs for the prevention of
biopiracy.

TK associated patents have fetched large
profits and it makes ethical and economic
sense for TRIPs Agreement to recognize a
need for benefit sharing.
Major Concerns for AsiaPacific Countries
 Prevention
of
misappropriation
bio-piracy
&
 Development
of international systems
of protection of TK.
 Means
for fair & equitable benefit
sharing and technology transfer.
Strength of Asia-Pacific countries in
Biodiversity
Rich in all levels of biodiversity species, genes,
habitat.
Rich in cultural diversity that generated rich
fund of indigenous knowledge systems.
Humanity has tapped only a fraction of this
nature's vast genetic library.
Over 80-85% genetic resources of South Asian
countries are hitherto untapped.
Excellent opportunity for hunting novel genes,
drugs, pharmaceuticals, new chemicals / raw
materials for new industrial ventures.
Mega diversity Countries: Plant Diversity and
Endemism
Country
Area (km2)
Total species
Endemics
Brazil
8,511,965
~50,000-56,000
16,500-18,500
Indonesia
1,916,600
~37,000
14,800-18,500
Colombia
1,141,748
45,000-51,000
15,000-17,000
Mexico
1,972,544
18,000-30,000
10,000-15,000
Australia
7,686,810
15,638
14,458
Madagascar
587,045
11,000-12,000
8,800-9,600
China
9,561,000
27,100-30,000
~10,000
Philippines
300,780
8,000-12,000
3,800-6,000
India
3,287,782
>17,000
5,356
Peru
1,285,210
18,000-20,000
4,000-5,000
Papua New Guinea
475,369
15,000-21,000
10,500-16,000
Ecuador
283,561
17,600-21,100
4,000-5,000
USA
9,372,143
18,956
4,036
Venezuela
912,050
15,000-21,070
5,000-8,000
Malaysia
329,749
15,000
6,500-8,000
South Africa
1,221,037
23,420
16,500
Dem. Rep. Congo/Zaire
2,344,000
11,000
3,200
Total
51,189,393
155,475-183,025
Source: Myers 2001
Biodiversity Hotspots of Asia-Pacific region
Hotspots
Mediterranean
Original
extent
(km2)
Remaining
primary
vegetation
(km2)(% of
original
extent)
Area
protected
(km2)(% of
hotspot)
Plant
species
Endemic
plants (% of
global plants
total.
300,000)
Endemic
Vertebrate
species
vertebrates
(% of
global
vertebrates
total
27,298)
2,362,000
110,000(4.7)
42,123(38.3
25000
13,000(4.3%)
770
235(0.9%)
Sundaland
1,60,000
125,000(7.8)
90,000(72.0)
25,000
15,000(5.0%)
1800
701(2.6%)
Wallacea
347,000
52,020(15.0)
20,415(39.2)
10,000
1500(0.5%)
1142
529(1.9%)
Philippines
300,800
9023(3.0)
3910(43.3)
7620
5832(1.9%)
1093
518(1.9%)
Basin
Contd…
Biodiversity Hotspots of Asia-Pacific region (Contd.)
Hotspots
Original
extent
(km2)
Remaining
primary
vegetation
(km2)(% of
Area
protected
(km2)(% of
Plant species
Endemic
plants (% of
hotspot)
global plants
total. 300,000)
Vertebrate
species
original extent)
Endemic
vertebrates
(% of global
vertebrates total
27,298)
Indo-Burma
2,060,000
10,000(4.9)
100,000(100.0)
13,500
7000(2.3%)
2185
528(1.9%)
SouthCentral
China
800,000
64,000(8.0)
16,562(25.9)
12,000
3500(1.2%)
1141
178(0.7%)
Western
Ghats/
Sri Lanka
182,500
12,450(6.8)
12,450(100.0)
4780
2180(0.7%)
1073
355(1.3%)
SW Australia
309,850
33,336(10.8)
33,336(100.0)
5469
4331(1.4%)
456
100(0.4%)
New
Caledonia
18,600
5200(28.0)
526.7(10.1)
3322
2551(0.9%)
190
84(0.3%)
New Zealand
270,500
59,400(22.0)
52,068(87.7)
2300
1865(0.6%)
217
136(0.5%)
Polynesia/
Micronesia
46,000
10,024(21.8)
4913(49.0)
6557
3334(1.1%)
342
223(0.8%)
TOTAL
11,558
60,093(20%)
Source: Myers 2001
The Eight “Hottest Spots in Terms of Five Factors
(Number in parenthesis indicate the ranking in the
top 10 hotspots for each factor)
Hotspot
Endemic
plants
Endemic
vertebrates
per 100 km2)
(species per
100 km2)
Remaining
primary
vegetation
as % of
original
extent
Endemic
plants/area
ratio (species
Endemic
vertebrates/
area ratio
Time
appearing in
top 10 for
each of five
factors
Madagascar
9704(4)
771(4)
16.4(8)
1.3(7)
9.9(9)
5
*Phillippines
5832(8)
518(9)
64.7(2)
5.7(2)
3.0(1)
5
*Sundaland
15,000(2)
701(5)
12.0(10)
0.6(10)
7.8(7)
5
Caribbean
7000(6)
779(3)
23.5(6)
2.6(4)
11.3
4
Brazil’s
Atlantic
Forest
Eastern Arc
and Coastal
Forests of
Kenya/Tanz
ania
*IndoBurma
8000(5)
567(6)
8.7
0.6(10)
7.5(6)
4
1500
121
75.0(1)
6.1(1)
6.7(4)
3
7000(6)
528(8)
7.0
0.5
4.9(3)
3
*Western
Ghats/
Sri Lanka
2180
355
17.5(7)
2.9(3)
6.8(5)
3
* Asia-Pacific countries
Estimated Population of the World’s indigenous peoples’
Region
Number of cultural groups
Population
North America
250
3,500,000
Latin America and the
Caribbean
800
43,000,000
Former Soviet Union
135
40,000,000
*China and Japan
100
67,000,000
*The Pacific
1273
2,000,000
*South east Asia
900
30,000,000
*South Asia
700
100,000,000
*Australia and New
Zealand
Africa
250
550,000
2010
50,000,000
TOTAL
6418
336,050,000
Sources: Burger (1987), Hitchcock (1994)
Developing Countries' Experience
D



Biopiracy leading to expensive, time consuming law
suits: case of Ayahuasca in Brazil, neem and turmeric
in India
Domestic & regional legislation developed to protect
genetic resources and associated TK but lack of
enforcement at the international level:
India's Biodiversity Act, Costa Rican Biodiversity Law,
Philippines EO247, Brazilian Bill of Access to Genetic
Resources, Andean Community's Common System
on Access to Genetic Resources, AU Draft legislation
on Community Rights & Access to Biological
Resources.
TBGRI/Pushpangadan’s Model of benefit sharing.
Biodiversity & TK: Capital Assets
of Asia-Pacific Countries
Biodiversity and TK are two invaluable
capital assets of South countries for:
 Building up IPR- covered bio-industrial
enterprises
Herbal Drugs
Pharmaceuticals
Natural product development sectors
 Generating economic wealth and
improving quality of life and well- being of
people
Contd…….
Biodiversity & TK: Capital Assets
of Asia-Pacific Countries
(Contd.)
 Building up S&T capability in advanced
technologies of bioprospecting
 Human resource development in
Biotechnology, Bioinformatics and
Bioprospecting
 Empowering local and indigenous
communities for conservation,
sustainable use and building up location –
specific biodiversity enterprises through
S&T intervention
Biodiversity & TK: Bridging the
North-South Gap
Asia-Pacific countries SHOULD:
 Develop capability in biotechnology,
bioinformatics and bioprospecting through
national, regional and global
‘biopartnership’ programmes
 Address and resolve the issues of access
to and transfer of genetic resources and
technologies between North- South
countries
Contd……..
Biodiversity & TK: Bridging the
North- South Gap
Asia-Pacific Countries should:
 Prevent bio-piracy and
misappropriation of genetic
resources and TK
 Develop an international system for
protection of TK
 Develop effective mechanisms for
fair and equitable benefit sharing
and technology transfers
Biodiversity-based sustainable
Development: Strategies for AsiaPacific Countries
 Generating new knowledge and Converting it
in to useful products, production processes,
technologies through S&T intervention
 Transfer of such production technologies and
services to industry and commerce
 Protection of IPR
 Equitable benefit sharing among all
stakeholders
 Empowerment of people
BIOPARTNERSHIP: RELEVANCE
OF APCTT
APCTT can bring the Asia-Pacific Countries
should come together to develop Strategies for:
Easy and regulated access to genetic
resources & TK and biotechnologies
Exchange of information pertaining to
conservation and sustainable use of
biogenetic resources and associated TK
 Mutually Agreed Terms
 Prior Informed Consent
 Equitable Benefit Sharing Agreement
BIOPARTNERSHIP: RELEVANCE
OF APCTT
APCTT can help Asia Pacific Countries:
Build up S&T Capabilities
Capitalize biodiversity and TK for
bioindustrial development
Insulate from Biopiracy
Ensure national sovereign rights over
biodiversity and TK
Empower local and indigenous communities,
including women
Build up location –specific biodiversity
enterprises using local bio-resources and TK
through S&T applications
BIOPARTNERSHIP: RELEVANCE
OF APCTT
APCTT can help in Capacity building and
Training for Asia-Pacific countries
AREAS: Biodiversity & TK
Biotechnology
Bioinformatics
Bioprospecting
APCTT can help in in Capacity Building and
Training for Asia-Pacific countries
STRATEGIES:
1. Development of Transparent Policies and
Mechanisms to ensure:
Access to and transfer of genetic
resources and technologies among
participating countries
Evolving equitable benefit sharing
models based on sustainable use and S
& T based value addition to bioresources
and associated TK
Contd...
STRATEGIES (Contd.):
2. Promotion of multi-country collaborative
R&D projects on various facets of
Bioprospecting, particularly herbal drug
and pharmaceutical prospecting and
other natural product development
sectors
3. Generation of IPR- covered products,
processes, technologies and services,
and thereby converting the bio-resources
and associated TK in to economic wealth
of the country and its people.
Action Programme
Important points that the biodiversity rich
third world nations should undertake:
Complete inventory & documentation of all
Biological resources including the microorganisms
Check list/database of the floristic wealth of the
nation along with the associated knowledge system
Ground check to know the actual situation and
identify the gaps:
Study - genetic diversity, distribution pattern,
association pattern and gradients
Identify- rare, endemic and endangered status of
spp. , if any.
Action Programme
Prepare -passport data of all important
and endemic biodiversity. Passport data
should
cover
morphological,
cytological, chemical and molecular
level (DNA/gene level) information so as
to prevent bio/gene piracy.
Identification of problems and solutions
in conservation, threatened status of
species, ecosystems -with causes of
threats.
Identification of problems and solutions
in conservation.
BIOPROSPECTING
Chemical prospecting
Drug and pharmaceuticals
Pesticides
Cosmetics
Food additives
Other industrially valuable
Chemical products
Gene prospecting
Genetic Engineering
Crop development
Fermentation
Cell culture
Bionic prospecting
Designs
Sensor technologies
Architecture
Bioengineering
Bio-modeling
BIOPROSPECTING : LINKAGES AND LEADS
Biodiversity
& IK / TK
Biotechnology
Information
Technology
Herbal
Technology
Conservation
Sustainable
use
Benefit
sharing
Bioinformatics
IPR
Bioprospecting
Drug
development
Pharmaceuticals
Nutraceuticals
Agro-chemistry
Cosmetics/
cosmaceuticals
Proteins
Enzymes
New crop
varieties
GMOs
GM foods
Designs, etc.
Bioprospecting and the new IPR regime
Given the global trends in capturing
the
intellectual property markets, the Third World
nations in the Asia pacific now needs to look
ahead for the best possible ways and means by
which they can generate IPR and build up IPR
covered bioindustrial regimes.
Biotechnology (BT), Information Technology (IT)
and Herbal Technology (HT) are the three fast
emerging and powerful areas of R&D in current
century. The rich biodiversity, associated
knowledge systems and human resources etc. are
the strength of Asia-pacific countries, and
therefore have the best opportunity.
IPR Issues / Benefit Sharing
Strategies
 Appropriate
Procedures
for
IPR
Protection/Benefit sharing
 Documentation & Registration of TK – Medicinal
plant use & Conservation at local , state and
national level.
 Contribution to TKDL & TKRC
 Value addition to TK & Indigenous Medicinal
Plants – Scaling up IPRs
 Herbal drugs, Pharmaceuticals, Natural
products & byproducts, Nutraceuticals,
Functional foods, etc.