Medicinal Bioprospecting: Policy options for access and benefit-sharing
Title: Medicinal Bioprospecting: Policy options for access and benefit-sharing
Author: SMAGADI, Aphrodite
Publisher: British Institute of International and Comparative Law
Citation: London, British Institute of International and Comparative Law, 2009
The production of medicines, pharmaceutical and herbal, involves the sourcing of both genetic resources in the natural environment, and local knowledge. Sourcing substances for medicines in the natural environment is known as biodiversity prospecting or bioprospecting . To ensure that benefits resulting from medicinal bioprospecting are brought to those ultimately bearing the costs of conservation and sustainable use, there must be a focus on indigenous peoples rights particularly property rights, whether to land, genetic material, intellectual property, or traditional medicinal knowledge. This study considers the importance of access and benefit-sharing agreements as incentives for biodiversity protection. It analyses the meaning of the objectives set by the Convention on Biological Diversity (CBD) for its implementation, examines selected domestic access and benefit-sharing measures and industry practices and, finally, evaluates the discussions taking place in international fora regarding the Convention and its principles. Finally, it attempts to make recommendations on how to realize the objective of the Convention for fair and equitable benefit-sharing, focusing on enhanced protection of indigenous peoples rights.
Table of Contents:
--The issue and the approach of the study --Convention on biological diversities-principles --Access and benefit-sharing in the CBD-Bonn guidelines --The international debate on the emrging ABS regime-FAO, WTO and WIPO --Selected domestic snd regional implementation --Private practice in bioprospecting --Policy evaluation