Professional Documents
Culture Documents
• DELIVERABLES
-‐
IdenFfy
capacity-‐building
areas
for
ABS
policy
implementaFon
-‐
develop
policy
measures
to
enable
country
to
raFfy
the
Nagoya
Protocol
on
ABS
What
is
ABS
all
about?
Biopiracy
–
historical
background
l Since
the
era
of
the
spice
trade
and
the
rise
of
the
colonial
powers
,
biological
materials
were
collected
by
explorers/plant
collectors,
such
as
:
l
Tobacco
from
LaFn
America
l Sugar
cane
from
Pacific
Islands
to
China
and
India
to
Mediterranean
l Co_on
from
India,
LaFn
America
l Tea,
peach
from
China
l Quinine
from
Peru
Biopiracy
in
the
modern
era
l The
term
was
invented
by
Canadian
NGO
Rural
Advancement
FoundaFon
InternaFonal
(RAFI),
now
called
the
ETC
Group
l Patent
cancelled
March
8,
2005
InternaFonal
Cases
-‐
rice
• Syngenta's worldwide patent
application on rice genome in
more than 100 countries
• Filed in 2002,
• WO 03/008540 claims gene
sequences relevant for plants
under stress conditions
• WO 03/000905 claims gene
sequences with relevance to
nutritional value of traits
• WO 03/000906 claims gene
sequences involved in defense
mechanisms against diseases
InternaFonal
cases
–
pig
• In WO 2005/015989
(EP1651030 A0) Monsanto
describes general methods of
pig breeding, such as normal
crossing and selecting methods,
using artificial insemination and
other methods which are already
in use.
• The main so-called „invention“
is a certain way to combine
these elements to speed up
breeding for animals that are
better in meat quality, health or
in other economical aspects.
InternaFonal
cases
–
ampalaya
• As early as 29 May 1987, three
Americans and one Chinese
national from Hong Kong filed at
the US Patent and Trademark
Office what they claimed was a
novel product and method that
could treat HIV. They entered their
invention as “method of inhibiting
HIV,” which was approved 3
January 1989.
InternaFonal
cases
-‐
patenFng
of
indigenous
peoples
l Hagahai
tribe’s
T-‐cell
line
in
Papua
New
Guinea
(PNG
Govt
protested
and
the
patent
was
withdrawn
in
1999;
s6ll
available
at
the
American
Type
Culture
Collec6on
ATCC
Number
CRL-‐10528
Organism
:
Homo
Sapiens
for
$
216)
l Guaymi
(human
T-‐lymphocyte
cell-‐line)
in
Panama
Philippine
cases
–
more
on
lack
of
benefit-‐sharing
l ILOSONE
l CONUS
snail
Philippine
cases
in
PALAWAN
-‐
biopiracy
or
simple
misunderstanding
of
basic
permihng
rules?
• 4
Slovak
scienFsts
arrested
in
February
2000
a_empFng
to
take
out
of
Palawan
2
boxes
containing
insect
specimens
collected
without
permit
• Companies
• Governments
• Researchers
• Other
enFFes
Can
biodiversity
be
patented?
• Last
13
June
2013,
the
US
Supreme
Court
issued
a
unanimous
ruling
in
Associa6on
for
Molecular
Pathology,
et.al.
v.
Myriad
Gene6cs,
Inc.,
The
Nagoya
Protocol
on
Access
and
Benefit-‐Sharing
(ABS)
hQp://www.cbd.int/abs/,
accessed
8
Mar
2013
• Establishes
an
interna0onal
tracking/monitoring
system
for
the
uFlizaFon
of
geneFc
resources
outside
of
the
country
of
origin
• AcFviFes
to
implement
policy
reform
and
do
capacity
building
on
ABS
already
idenFfied
and
draa
naFonal
measure
on
ABS
draaed
(ABS
Roadmap)
What
Does
the
ABS
Capacity-‐Building
Project
Have
to
do
with
PBSAP?