Unformatted text preview: AEM 3350
Diplomatic Roots of Farmers' Rights and Conservation Convention on Biological Diversity ( CBD ) Signed May 1992 Went into force Dec. 1993 AEM 3350 Dual Concerns Loss of Genetic Diversity ( estimated 13.5 million species- loss estimated up to 0.5 % annually) Lack of compensation to originating communities. BIODIVERSITY CONVENTION GR `sovereign right' of country where found to determine use Benefit sharing Allow FAO to manage GR for food and agriculture ETC GROUP This category includes not only genetic erosion and the erosion of species, soils and the atmosphere, but also the erosion of knowledge and the global erosion of rights. We are losing biological resources and traditional knowledge relating to the management of ecosystems and biodiversity. corporate power is the defining feature of today's global economy. The life sciences industry is converging into new corporate structures that have profound implications for every aspect of commercial food, agriculture and health. AEM 3350
CBD is over arching - applies to all Genetic Resources ( GR ) In and Ex Situ Key Aspects : 8 ( j ) `Respect , preserve and maintain knowledge, innovations and practices of indigenous and local communities.' AEM 3350 15) Access to Genetic Resources
2. Facilitate 3. On mutually agreed terms 4. Subject to prior informed consent 7. Share in fair and equitable way benefits arising from the use of GR AEM 3350
16 ) Access and Transfer of Technology 1. Provide for facilitated access 2. Consistent with adequate protection of Intellectual Property Rights ( IPR ) 3. Exchange on mutually agreed terms AEM 3350
2. On mutually agreed terms 3. Consider Protocol on Biosafety Indian Biological Diversity Bill, 2000 For implementing Biodiversity Convention Conserve biodiversity and provide for benefit sharing Applies to all genetic resources, but excludes materials protected by Plant Variety Rights ORGANIZATION National Biodiversity Authority: nonIndian applicants (permit required) State Biodiversity Board: Indian applicants free to use within India for noncommercial purposes Biodiversity Mgmt. Committees: local monitoring and cons. committees COMMERCIALIZATION FEES applies with commercialization or patent application claimed for organism, parts, byproducts, practices and associated knowledge Mutually Agreed Terms with concerned local bodies and benefit claimers FORMS OF BENEFIT SHARING
Joint ownership intellectual property Location of R&D and production Establishing venture capital fund Direct payments to benefit claimers ISSUES FOR BUSINESS Definitions like "by products" and "related knowledge" Identification of benefit claimers Control over property, permission for IP, joint ownership Fee levels ...
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