Although the Convention on Biological Diversity highlights the need of benefit-sharing with local and indigenous communities, it leaves benefit-sharing policy to be defined in national law. “IUCN recommends that the work on guidelines should not distract the Parties from the more essential tasks, such as developing proper legislation in ‘user countries’ as well as ‘provider countries’, ensuring compliance by their citizens and corporations,” says Tomme Young, Senior Legal Advisor of the IUCN Environmental Law Center.
There is an urgent need to create an information base to aid in negotiations, to emphasize the role of genetic resources in food and agriculture, and to clarify the relationship between the Convention, the World Trade Organisation, the World Intellectual Property Organisation and the national patent law regarding genetic resources, according to Young.
In practice, benefit-sharing with local communities can include fees per sample, up-front payments and royalty payments on product sales, and can provide short- and long-term employment as well as finance for community development and biodiversity projects. Non-monetary benefits include training, capacity-building and involvement in research and development.
For instance, the Tropical Botanic Garden and Research Institute (TBGRI) in Kerala, India, developed an energy-giving drug ‘jeevani’ using information from two Kani tribes. TBGRI obtained a patent for the drug and granted a license for its manufacture and sale to an Indian pharmaceutical company for a fee of US$ 25,000. TBGRI agreed to share 50% of the fee and royalties with the Kani of Kerala, through a trust fund for development and biodiversity activities.
There is an urgent need to create an information base to aid in negotiations, to emphasize the role of genetic resources in food and agriculture, and to clarify the relationship between the Convention, the World Trade Organisation, the World Intellectual Property Organisation and the national patent law regarding genetic resources, according to Young.
In practice, benefit-sharing with local communities can include fees per sample, up-front payments and royalty payments on product sales, and can provide short- and long-term employment as well as finance for community development and biodiversity projects. Non-monetary benefits include training, capacity-building and involvement in research and development.
For instance, the Tropical Botanic Garden and Research Institute (TBGRI) in Kerala, India, developed an energy-giving drug ‘jeevani’ using information from two Kani tribes. TBGRI obtained a patent for the drug and granted a license for its manufacture and sale to an Indian pharmaceutical company for a fee of US$ 25,000. TBGRI agreed to share 50% of the fee and royalties with the Kani of Kerala, through a trust fund for development and biodiversity activities.