Transcript INTELLECTUAL PROPERTY RIGHTS AND HEALTH INNOVATION …
The Dutch-German ABS Capacity-Building Initiative for Africa
Initial Workshop At the Kirstenbosh National Botanical Garden Cape Town, South Africa November 19 th -24 th , 2006 Sustainable Commercialization of
Majidea Zanguebarica
( Mgambo )
Background
Centre of origin is the Kenyan coastal strip.
Currently found growing in Hawaii, Barbados, South East Asian countries but in an endemic manner.
In Kenya: no previously known economic/commercial value. Found mainly in areas falling under the jurisdiction of Kenya Forestry Research Institute, Kenya Wildlife Service, Forestry Department and on private land.
Actors Involved
Kenya Forestry Research Institute (KEFRI).
Growing Gorgeous, (Erin Lee Bratton & Betsy Rae Mock), a US based partnership housed at the University of Wyoming.
Local Community Groups: – Ufanisi Conservation Group – Goshi Dairy Self Help Group – Jiinue Uinuliwe Women Group ICIPE-providing legal back-up support to the local community groups and KEFRI. Others: KEPHIS, KWS.
How the genetic resource is used
Seeds of the tree used to make jewelry. Pods sold as dry flowers. Main market is the US.
No known traditional knowledge.
Type/kind of ABS agreement
A Tri-partite Memorandum of Understanding among the parties. Each party’s roles and responsibilities clearly laid out.
Agreed benefits in the agreement: Monetary
Access fees to KEFRI. Cash payments to seeds and pods collectors. Wages for jewelry makers (the women groups). Annual Royalties to each. A trust fund for the community groups as a source of funds to carry out communal activities of their own choice-schools and school fees, health centers etc etc.
Agreed benefits in the Agreement: Non-monetary
Training of the communities by KEFRI of sustainable seeds and pods harvesting skills. Training of the communities by Growing Gorgeous of jewelry making skills. Equipment for making the jewelry. Infrastructural support to the local health care facilities.
Benefits realized to date
Cash payment for seeds and pods collected. Wages for jewelry makers. Jewelry making equipment. Training on sustainable seeds and pods harvesting skills. Training and transfer of jewelry making skills. Establishment the tree specie ( nursery by KEFRI. Majidea Zanguebarica )
Direct contribution to Poverty alleviation
Creation of income and employment. Training and transfer of skills. Sustainable use of local biological resources. Other indirect benefits (mainly conservation related) arising from increased planting of the tree specie by the community, and others.
Lesson learned to date
Sustainable exploitation of genetic resources is possible. The ‘local community’ involved must be identifiable. The ‘local community’ involved must be organized in some way in order to acquire locus standi to negotiate There is a thin line between a genetic resource and a commodity
Changes in national, Regional & int. level
National ABS legislation to set minimum/ uniform access and benefit sharing standards at the national level focusing on poverty alleviation Regional cooperation agreements setting standards/ conditions/ rights/responsibilities/obligations on exploitation of cross-border genetic resources esp. aquatic resources and border measures. International ABS framework may be useful in setting international standards and reduce transaction costs- ITPGRFA may serve as a useful lesson herein.