7.
Changes and Linkages Prices paid at source
for raw biological materials are
low. This applies to samples used
in the search for new products
and to natural products exported
in raw form. Because these prices
generally bear no relation to
resource replacement costs, they
result in low returns to local
harvesters and overexploitation
of medicinal plants in the wild
(Cunningham, 1990; Elizabetsky,
1991).18,24 A national
or regional infrastructure needs
to be developed to a greater
degree, similar to what has taken
place in the rattan and timber
industries. Here, governments
have encouraged investment in
local processing and have banned,
or increased tax on, exported raw
materials.
It is
significant that a ban on the
export of medicinal plant
material may well be implemented
in Malaysia to enable its
pharmaceutical industry to
develop (Anon, l991a).4
Repetto's 1988 evaluation of the
timber industry, however,
encourages caution by citing
problems of log smuggling and a
decrease rather than a rise in
revenues after such legal
changes. This can apply far more
easily to medicinal plant samples
due to their relatively small
size. Controls over collection of
such materials are extremely
difficult to implement unless the
industrial collectors behave
ethically or the contracting
organization takes responsibility
for the actions of contract
collectors.
7.1 Researchers as
Expert Advisors
More formal
recognition of traditional
specialists as research partners
can encourage reciprocal
information flow in a wide
variety of fields. This already
takes place to some extent with
researchers providing copies of
research documents to the
communities they have worked
with. Researchers can also become
involved as expert advisors in
land-use conflicts, land-rights
issues, or resource-management
problems. Other possibilities
include the involvement of
chemists and pharmacologists in
giving traditional specialists
the results of their studies; and
food chemists providing
information on the nutritional
values of wild food resources. In
all cases, channels need to be
set up for referral and
information transfer, and the
extent and limits of the
assistance must be defined from
the start.
7.2 Researchers as
Brokers
An additional
possibility is to link the legal
approach to a "brokerage
role" played by
ethnobiologists acting at the
interface between an
urban-industrial culture and
traditional cultures.
University-based organic chemists
and pharmacologists can similarly
form a buffer between traditional
knowledge and pharmaceutical
companies. In some cases,
researchers could provide
plant-sample material to
pharmaceutical companies for
screening, but would maintain
confidentiality through
identifying extracts or macerated
material by code number only.
Coded samples could alternatively
be supplied in large batches of
extracts (60-100), stating which
species were in the batch, but
not identifying individual
samples. Sponsoring organizations
could also avoid duplication by
supplying a list of species they
had already screened. The
identification of a potentially
important new ingredient greatly
strengthens the position of these
«brokers» in negotiating an
agreement with a large company.
They can ensure that the contract
reflects more of the interests of
the local people and is less
driven by the interests of the
pharmaceutical company.
A different
approach has been followed by
organizations such as Cultural
Survival and the Body Shop, which
have been promoting the sale of
«rainforest products». Links
are established between the
companies that market natural
resources and the people who
harvest them. This justifies
higher retail prices for the
products, with greater benefits
to local communities and,
possibly, to conservation. A
similar approach could be applied
to cultivated horticultural
plants such as the African violet
or to industrial products, such
as food, perfume,
pharmaceuticals, or cosmetics.
7.3 Fitting Research
Objectives- to National and Local
Priorities
As Tim Johns of
McGill University, Canada, points
out, unless screening programmes
are linked with nationally
defined priorities, they are
bound to be viewed with suspicion
by both scientists and
politicians in the «South»
(Johns, 1990).38 It is
important to involve local
research organizations and
communities when developing
research objectives, to ensure
that they address local needs and
problems. Conservation
biologists, phytochemists,
ethno-biologists,
anthropologists, traditional
medicine specialists, and local
people have a common interest in
this process and in developing
national research capability.
In the past,
«hit and run» research and the
collection of raw materials for
export outside the country have
contributed neither information
nor training to the country of
origin. In other cases, visiting
researchers overlook or ignore
the research capability that
exists within the country or
region. Often, the same research
could have been done locally, and
probably more cheaply. Using
local research capabilities can
help to develop them further
through funding and training,
including the involvement of
graduate or undergraduate
students. Both visiting and local
researchers, as well as local
traditional experts, can benefit
from collaborative work through
the sharing of expertise in
collecting or evaluating samples
(Boxes 1 and 2).
In developing
countries, medical doctors are
few and far between compared to
traditional medical practitioners
(TMPs). In Ghana, for example,
there is one medical doctor for
every 20,625 people, but one
traditional medical practitioner
for every 224 people (Anyinam,
1987).5 In Swaziland,
the two ratios are 1:10,000 and
1:110 (Green, 1985).31
TMPs and traditional midwives
play an important role in primary
healthcare programmes in
developing countries, but strong
support is needed for the proper
evaluation of traditional
remedies. The TRAMIL programme
centered in the Caribbean, for
example, assesses traditional
remedies according to toxicity
and beneficial effects, and
produces manuals on medicinal
plants for health workers.
Within a number
of developing countries, the
expertise already exists to carry
out initial extraction and simple
screening for certain compounds
(e.g. anti-fungal,
anti-inflammatory,
anti-parasitic). Where this
expertise does not exist, local
researchers need to call for
political support for local
scientists and research
organizations. If this support is
not given, well-trained
researchers will often seek
better-paid and better-supported
positions elsewhere.
The NCI Letter
of Intent makes provision for the
sponsoring organization in the
USA to be involved in the
training of staff, such as senior
technicians, scientists or
postgraduate students, from the
countries in which these
organizations are working. This
develops local expertise in the
identification and development of
natural products. However, it may
be preferable and more effective
to have visiting researchers
develop local expertise in the
country of origin. One visiting
research specialist would be able
to train many local researchers,
with less chance of them being
tempted to leave the country for
more lucrative employment
elsewhere.
Wherever
possible, visiting researchers
should work with local students,
researchers, and traditional
experts as research partners, or
involve them in seminars and
training. In turn, national
governments must show a
commitment to training,
technology transfer and support
for local scientists and research
organizations. It is only through
this kind of institution building
that the «brain drain» of
talented local researchers will
be discouraged.
8.
Regional Returns
If patent or
contract rights are secured, what
form should benefits take and how
should they be distributed?
Depending on local circumstances,
the beneficiaries could include
local communities and
organizations concerned with
conservation of biodiversity as
well as organizations involved in
the development of new natural
products. When a new product is
developed, patent or legal
contract rights should ensure
adequate and mutually acceptable
return of benefits to the area of
origin. Decisions on the use of
these funds must be made with
research partners and
participants. For example, they
may take the form of payments to
institutions (e.g. universities,
herbaria, botanical gardens,
traditional healers
associations) or contributions to
conservation projects, education
bursaries, or legal funds.
Alternatively,
the benefits may not be in the
form of money. The range of
possibilities is great and
decisions will obviously depend
on local circumstances, but
certain generalizations can be
made about the factors to be
considered:
- The ratio
of medical doctors: total
population is low in many
developing countries,
even in urban areas.
- Certain
modern pharmaceuticals
can deal with health
problems that traditional
medicines cannot. But
they are often
unavailable or very
expensive, particularly
in remote rural areas.
- Traditional
knowledge that can lead
to the development of new
drugs is often found
among people with the
least formal education,
sometimes in very remote
areas.
These
generalizations suggest that
traditional societies would
benefit from:
- sustained
primary healthcare
schemes in rural areas,
coordinated with
traditional practitioners
- public
recognition of the value
of traditional knowledge.
This is particularly
important in countries
where an emphasis on the
«superiority» of
urban-industrial society
denies or hides the value
of the traditional
knowledge of rural people
with no formal education.
A participatory
research model provides the means
of deciding on a mechanism for
return of benefits and guidelines
for overseeing the appropriate
forms of returning benefits. In
these cases, it would be expected
that returns would be consistent
with the development goals and
needs of the community.
A further
problem is to establish
intermediate forms of
compensation and incentives that
bridge the 10-15 year period
sometimes required to develop a
marketable drug (Schweitzer et
al., 1991).63 It
is essential to ensure that false
expectations of large immediate
benefits do not develop in the
source countries or regions but
some form of short-term
assistance could be provided.
This could range from assistance
in infrastructure development to
support for social services,
education, and healthcare.
Local
corruption and misappropriation
of funds have been a feature of
some government and
non-government organizations
(NGOs) and safeguards have to be
developed as far as possible.
Income from patent rights are
unlikely to accrue to a specific
community unless a highly
localized, endemic species is
involved - plant uses are often
known through much of the range
of a plant species. Perhaps
benefits could be allocated by
bio-regions, or by cultural
areas, both of which cross
political boundaries. A regional
fund, administered by an NGO,
with the involvement of community
leaders, is one way of
distributing financial benefits.
Methods of
organizing disbursements of
funds, or non-monetary benefits,
will vary according to local
infrastructure and needs. Merck,
Sharp, and Dohme, for example,
developed the drug «Ivermectin»
from Japanese soil
micro-organisms, and have
provided it free of charge
through the WHO to combat river
blindness in tropical countries.
Although cases like this are
rare, it may be possible to
negotiate that new drugs
developed from biological
precursors are made affordable in
the region or country of origin.
But even when
the legal problems surrounding
the capture of benefits are
solved, others remain. These can
include the problems of
alcoholism, social inequality,
and tensions that develop as
money flows into communities from
oil and land revenues (Anders,
1989).2 Problems of
this kind can only be avoided by
sensitive planning, good
communication, and a willingness
to learn from the past. It would
be tragic if attempts to direct
benefits to traditional societies
ended up by destroying them.
9.
Policy and Principles for
Equitable Partnerships
There is an
urgent need for coordinated
effort at international,
regional, national, and local
levels. International cooperation
is essential in the collection,
conservation, use, and
development of new natural
products from biological
resources. It will involve
collectors, sponsoring companies,
or associated staff at herbaria,
botanical gardens, and
universities, as well as
government departments. This
coordinated effort will be
facilitated by a code of practice
(suggested in the Appendix)
requiring:
- adequate
legislation at a regional
or national level to
control the collection
and export of biological
material, based on advice
from appropriate
professional
organizations
- a strict
code of professional
ethics to ensure that:
- research
participants (e.g.
traditional specialists)
and members of relevant
local organizations (e.g.
herbaria) are fully
informed of the
objectives commercial
aspects and possible
results of research
- confidential
information and requests
for anonymity of research
participants are
respected
- equitable
compensation is made for
assistance by individuals
- the
relevant national or
regional organization
receive fair royalty
payments
- national
requirements for plant
collecting, including
collection with local
counterparts, are
observed.
- maximum
use of local expertise
within developing
countries, or at regional
level, to undertake
extraction and screening
of important compounds.
This should apply equally
to compounds of regional
significance (e.g.
anti-fungus, or
anti-parasite) and global
significance (e.g.
anti-inflammation,
anti-virus, anti-cancer).
This will involve a
commitment to training,
technology transfer, and
the development of
practical, initial
screening techniques. It
will also require
government support for
local scientists and
research organizations,
- supply
agreements made with
reputable organizations,
rather with individuals
whose primary interest
may be personal gain.
10.
Checks and Balances
Any code of
practice which does not link
costs with benefits will be
difficult to implement. Why
should collectors, national
counterparts, or sponsoring
organizations have any interest
in following these guidelines?
Individuals,
botanical gardens, or sponsoring
organizations can all benefit
from ethical professional
behaviour. These benefits may
include peer recognition,
continued contracts, contact with
national organizations, and
swifter renewal of permits.
Sponsoring organizations which
sign agreements with national
organizations may benefit from
positive publicity which may even
increase sales of their products.
The extensive coverage given to
Merck, Sharp, and Dohmes
agreement with INBio in Costa
Rica is a good example of this.
Similarly, two newer small
companies, Shaman Pharmaceuticals
and Biotics Ltd, have both
publicized their intention to act
as honest brokers in new drugs
development. A good record as an
ethical company may do more than
boost support from shareholders
prepared to make ethical
investments: it may pave the way
to receiving a collection license
in places where less ethical
competitors are excluded. Time
will tell whether the temptation
of short-term profits will
outweigh the desire to build
long-term credibility.
Botanical
gardens can also benefit by
adopting an ethical approach.
Most have an important public
profile and rely on support from
private individuals to supplement
their government grants. This
support may grow if the public,
which is increasingly aware of
environmental problems, sees them
acting responsibly towards the
environment. National
counterparts would hesitate to
fall foul of national
legislation, and would not want
their relationship with
sponsoring organizations to be
terminated due to unreliable
supplies of poorly identified or
destructively sampled material.
Regular visits
by a sponsoring organization to
the country of origin of plant
material may often be required,
either to establish cultivation,
or for further extraction and
screening. For this reason, no
sponsoring organization,
collector, or national
counterpart. Would want to be
barred from a country due to a
bad record. This is particularly
the case where endemic species
are involved.
It is in the
interest of all parties to
support the creation of an
impartial ombudsman. Where
disputes arise, his or her
function would be to make a
ruling that observes the balance
between public and private
benefits that these guidelines
seek to establish.
Why should
pharmaceutical companies produce
drugs to treat tropical diseases?
In some cases, as with the drug
donated to the WHO to treat river
blindness, it can create
favourable publicity for the
company involved. In others,
there is a potentially large
market: developing countries buy
about a quarter of the world
supply of pharmaceutical products
today and may represent a major
future market (Behrmann, 1980).10
The most
difficult problems arise with the
two issues of patent protection
and terms of technology transfer.
Why, in the short term, should
the USA or any European country
which manufactures
pharmaceuticals transfer
technology to those developing
countries which are infringing
patent law with the production of
generic drugs? It is estimated,
for example, that the total value
of «pirate» sales in seven
countries (India, Brazil, Taiwan,
Korea, Argentina, Mexico, and
Singapore) in 1986 was $1.3
billion. 60 per cent of this
amount came from sales of
pharmaceutical products
(MacLaughlin et al.,
1988).46
The level of
patent legislation will depend on
the level of technological
development in the developing
country and the market potential
for the products produced. India
is an example of a country where
adequate patent protection,
coupled with proper
infrastructure, could stimulate a
new industry with exports to
other tropical countries (Lesser,
1991).44 This would
result in better opportunities
for local scientists, many of
whom are currently forced to
emigrate due to the limited
opportunities for local
employment. There may also be a
greater incentive to transfer
technology with the formation of
free trade areas such as NAPTA,
ASEAN, and the EC, so that the
whole region may benefit from
shared economic development and a
wider market.
Alternatively,
in a free-trade context, monopoly
rights over genes and
biotechnologies may result in a
highly skewed distribution of
benefits. There is clearly a need
for more research on free trade,
intellectual property rights, and
the equitable compensation of
local communities.
11.
Conclusion
Ethical changes
arise out of crisis, and
professional ethics are no
exception. The principles of the
American Anthropological
Association, for example, were
drafted in the late 1960s at the
time of the Vietnam war after
«Operation Camelot» which
involved anthropologists in
counter-insurgency research
(Horowitz, 1973)36 .
For any
professional concerned with
biological or cultural diversity,
this is a time of crisis. Both
are disappearing at an alarming
rate. For economists and
ethnobotanists, as well as
natural products chemists, there
is an urgent need to publicize a
broadly accepted, practical set
of guidelines for the creation of
research partnerships that not
only benefit people but other
forms of life.
The crisis has
been heightened by the refusal of
the United States government to
sign the Convention on Biological
Diversity at the UNCED «Earth
Summit» in 1992. Unlike some
politicians, professional
researchers whose work depends on
biological and cultural diversity
are able to look beyond national
economic interests and assist in
the development of equitable
partnerships. If nothing is done,
an already politicized
conservation issue will worsen
and we will all be losers. At the
Earth Summit, support for
equitable partnerships on
biodiversity and technology
transfer to encourage
conservation far outweighed the
negative approach taken by the
United States. Over the past few
years, professional societies
have shown strong support for
ethical and equitable approaches.
The time when companies had free
rein to collect biological
material for the development of
new natural products has passed.
The same applies to the misuse of
permits for scientific collecting
for commercial gain. Instead, the
time has come to implement
equitable approaches to benefit
biodiversity and indigenous
peoples.
Appendix
Guidelines
for Equitable Partnerships in New
Natural Products Development.
Recommendations
for a Code of Practice
1. Licensing
Authority
- Governments
must accept the
responsibility for
establishing or
implementing national
policies for the
conservation and use of
biological diversity. The
intent of many
governments to do this
has been shown in the
acceptance of the UNCED
Biodiversity Convention
(1992). Linked to this is
the need to control the
collecting of biological
materials, particularly
where endemic or
threatened species or
unique habitats are
involved, or where the
species or the habitats
have important cultural
and economic significance
- Licences
are required for
collectors operating
within national
boundaries. It may also
be useful for governments
within a bio-region to
consider joint control
concerning the collection
of regional endemics.
- National
governments should
establish a single
competent authority to
issue collecting
licences. It is essential
that duplication of
licences or licensing
authorities is avoided.
Licensing procedures
should also be
streamlined. Excessively
time-consuming and
inefficient procedures
stifle international or
regional co-operation.
They also tempt
collectors and
researchers to either
work illegally, or
collect with less trouble
in neighbouring
countries.
- If it does
not yet exist, national
researchers need to press
for adequate legislation
to control the collection
and export of biological
material, based on advice
from appropriate
professional
organizations.
- Collectors,
researchers, sponsoring
organizations
(organizations sponsoring
collection of biological
materials), and relevant
government departments
must be fully informed of
national requirements,
the approval process and
any follow-up action
required.
- Collectors,
researchers, or national
counterparts may propose
entry into public or
private lands,
conservation areas, or
sites of cultural
significance. However, it
is important that
national governments and
counterparts draw the
attention of foreign
collectors to areas of
cultural and conservation
importance. Collecting
missions may also require
collectors to deal with a
range of government
officials, ranging from
forestry, fisheries, and
conservation departments
to customs and quarantine
officers, in addition to
creating links with
sponsoring organizations.
It is therefore important
that licences are granted
and terms of licensing
established before
collectors start
fieldwork or arrive in
the country. This
requires efficient
processing of requests
for collecting licences.
- Licence
applications should
require collectors to
specify their commercial
intentions and state
whether the collector or
sponsoring organization
plans to sell any
biological samples
obtained under the
collecting licence or
dispose of them for gain
in any other way.
- When the
government authority
refuses a collecting
application due to
non-compliance with
national laws and
regulations or national
codes of practice for
collectors, it should
inform national and
foreign collectors,
sponsoring organizations,
and any others concerned
of the decision.
- National
governments, researchers,
collectors, and
sponsoring organizations
must ensure that
unrealistic expectations
do not develop amongst
participants in
developing countries
regarding benefits from
potentially important
industrial products.
2. Licensing
Requests
- To enable
the licensing authority
to decide whether or not
to grant a licence,
prospective collectors
and sponsoring
organizations should
follow the code of ethics
for foreign collectors
(Box 7) or, where
national collectors are
involved, to follow
requirements of national
laws and regulations.
Collectors should also:
- have a
good working knowledge of
the species to be
collected, their
distribution and in
situ / ex situ
conservation status
- provide
plans for the fieldwork,
including which species
and quantities to be
collected, and what
benefit the host
government may derive
from the collecting
mission
- supply
information on their
scientific backgrounds.
- Collectors
should specify commercial
intent and state whether
they or their sponsoring
organization intend to
sell any biological
samples obtained under
the collecting licence,
or dispose of them for
gain in any other way.
3. Granting
of Licenses
The national
authority granting licences to
collectors should:
- Acknowledge
licence applications,
indicate how long it will
take to process them,
provide copies of the
applications to relevant
agencies for comment, and
take account of benefits
or detrimental effects
that the fieldwork may
create for local people,
national or international
organizations. State
clearly which material
may or may not be
collected or exported and
define areas where
collection may not take
place. In the case of
foreign collectors,
designate a local
counterpart and/or
institute for the
collecting fieldwork;
this counterpart /
institute should provide
relevant information and
assist in planning
travel, composition of
the collecting team and
follow-up activities. In
the case of foreign
collectors, clarify the
financial obligation of
collectors and sponsors
in supporting local
counterparts and
providing other services
(Box 7). Specify whether
destructive harvesting,
such as removal of roots,
bark, bulbs, or whole
plants is permitted and,
if so, what quantities
are permitted.
4.
Collecting Responsibilities and
Procedures
- Before
collecting, collectors
and researchers should
disclose to their
sponsoring organizations
their need to comply with
the ethical guidelines of
their professional
society, including the
stipulation that those
studied will be fully
informed concerning the
objectives, including
commercial ones and
possible results of the
research. They also need
to be familiar with the:
- collection
policies of their
sponsoring organizations
(e.g. Glaxo policy for
acquisition of plant
materials; the Bethesda
Declaration, or the NCI
"letter of
intent")
- policy
of the professional
society to which the
collector may belong
(e.g. International
Society of Ethonobiology,
Society of Economic
Botany, American Society
of Pharmacognosy).
- Upon
arrival in the host
country, foreign
collectors should be
briefed by appropriate
authorities on the
country's policy for the
collection of biological
material and all relevant
laws and regulations.
- Collectors,
local counterparts, and
researchers should not
give misleading
information regarding the
possible commercial
benefits of the
collecting mission and
should ensure that
unrealistic expectations
do not develop regarding
benefits from potentially
important new natural
products.
- Foreign
collectors should discuss
with their counterparts
and other national
scientists the collection
of field data and become
familiar with any
unpublished research that
might have a bearing on
the field collecting.
They should also clearly
explain the need for
exclusive rights for a
set period as a
requirement of contract
work.
- Before
fieldwork begins,
collectors and national
counterparts should
decide on basic
collecting strategies,
information to be
gathered, processing and
conservation procedures,
collecting procedures
with regard to
intellectual property
rights and culturally
sensitive sites, and
financial arrangements
for the mission.
- Researchers
and collectors should
familiarize themselves
with the relevant
literature and
legislation (e.g. CITES
regulations). Particular
care should be taken when
releasing any unpublished
information to the public
domain.
- When
collecting in tribal
areas or farming
communities, it is
essential to explain the
aims of the mission to
the local inhabitants.
Foreign collectors and
national counterparts
should indicate when
feedback from the
fieldwork to local people
can be expected.
5. During
Collection
- Collectors
should not deplete
populations of the
biological material
collected and should
exhibit particular
sensitivity in collecting
any material used by
local people.
- Even when
permission has been given
by the national
government to collect in
national parks or forest
reserves, it is important
to liaise with the local
forestry or conservation
agency staff about the
aim of the collecting
exercise.
- Researchers
and collectors should
respect the right of
privacy of informants. As
the guide-lines of the
Society for Economic
Botany point out,
researchers should not
"trick"
research participants or
informants into revealing
"secret"
information and should
respect the rights of
informants to anonymity
and privacy when it is
requested (Padoch and
Boom, 1990).53
- Collectors
should respect local
social values,
traditions, and customary
law, not only when
dealing with
knowledgeable local
people who may assist
with collections, but
also the local community.
- Collectors
and national counterparts
should ensure that
samples for supply to
sponsoring organizations
are collected from
reliably identified
material.
6. After
Collection
- Collectors
and sponsoring
organizations have a
number of
responsibilities once
fieldwork is completed.
Attention is drawn to the
contract guidelines set
out as an Appendix 2 to
the
- Manila
Declaration, which are
useful in this regard
(Box 4). They also
include the need for
proper phytosanitary and
quarantine arrangements,
particularly if the
material is to be
exported.
- Collectors
must report the confirmed
identification and the
localities of the
collected material to the
local authorities,
stating where the
biological samples will
be sent and whether
commercialization is
involved.
- If agreed
in the commercial
contract, the exclusivity
and confidentiality of
test results required for
a set period of time
should be respected until
a patent application has
been filed on any
potentially valuable
active ingredients. It is
important to ensure that
when agreements have been
made, these are respected
by all parties and that
samples from the same
species are not sold to
other companies during
this period.
7.
Responsibilities of Sponsoring
Organizations
- All
sponsoring companies -
foreign and local,
institutes of health, and
commercial companies -
should take measures to:
- Return
remaining materials or
extracts to partner
organizations within the
host countries if so
requested at the end of
contract periods. (This
is similar to the
Material Transfer
Agreement [MTA] for crop
genetic resources.)
- Implement
their own stated policies
on equitable partnerships
regarding training,
technology transfer,
conservation, sustainable
use of resources, and
intellectual property
rights
- Involve
and, where appropriate,
help to develop local
expertise. For example,
the export of extracts or
purified compounds is
preferable to the export
of raw materials. It is
recognized that levels of
technical expertise vary
considerably between
countries
- Train
local people to improve
studies in the
collection, use,
development, and
cultivation of biological
material Provide
information to the host
country, that can help in
meeting to local
development needs, e.g.
the development of health
programmes
- Provide
support for local
cultivation, if
appropriate.
- In cases
where destructive
harvesting by contract
collectors has taken
place, sponsoring
organizations must take
responsibility for
regeneration and
restoration.
8.
Intellectual Property and
National Development
- The role
played by indigenous
knowledge in
"ethno-directed"
screening needs to be
recognized as the product
of an intellectual,
inventive process both
nationally and
internationally.
- National
governments should commit
themselves to developing
national or regional
capacity for new natural
products development
through training and
institution-building with
greater support for local
scientists, research
organizations, and
R&D. Development of
regional capacity may be
preferable in some cases,
due to the expense of
infrastructure and
staffing requirements.
- National
governments should be
free to decide whether or
not to adopt Intellectual
Property Rights
protection for new
natural products, and how
strong that protection
should be. IPR should not
be subjected to standard
international control.
- If
contracted to do so,
national organizations
have a responsibility to
supply properly
identified material to
sponsoring organizations.
Depending on the element
of trust involved,
however, it may be
important to consider the
supply of batches of
coded, rather than named,
extracts or macerated
plant material. If
sponsoring organizations
wish to avoid
duplication, they should
provide a list of species
which have already been
supplied to them. This
list should be kept
confidential by the
contracting national
organization.
9.
Monitoring Support for Code of
Practice
- It is
strongly recommended that
a commission be founded
which can act as
ombudsman in the
application of this code
of practice. There are
precedents for this. In
1991, the draft
International Code of
Conduct for Plant
Germplasm Collection and
Transfer (FAO, 1991)
recommended that the FAO
Commission of Plant
Genetic Resources act as
a mediator in cases of
disputes between
governments and
collectors or sponsoring
organizations. The Global
Biodiversity Strategy
(WRI, 1992)70
similarly recommended
that governments
establish ombudsmen and
public legal-support
offices staffed by
experts in intellectual
property law to mediate
in cases of complaints
connected with plant
genetic resources,
farmers' rights, or
intellectual property.
- It is
suggested that a single
Natural Products
Commission, established
under the UN system may
be more effective as an
ombudsman than many
existing ombudsmen formed
by national governments.
The Commission could be
formed with
representation from
conservation (WWF, IUCN,
UNEP), cultural (UNESCO,
WCIP), peoples
organizations, and
regional business
interests such as the EC
-and the recent economic
zone formed by Canada,
Mexico, and the USA
(NAFTA).
- Governments
should periodically
inform the Commission of
steps taken in
implementing of this code
of practice. This could
be done through annual
reports similar to those
provided under Article 11
of the International
Undertaking on Plant
Genetic Resources.
- Governments
may also wish to inform
the Commission of
situations where
collectors or sponsoring
organizations break
regulations regarding
collection or export of
biological samples, or
infringe the principles
of this code of practice.
The collectors and
associated sponsoring
organizations should
receive copies of this
information, and be
encouraged to respond, so
that these problems can
be equitably resolved.
- A
regularly revised list of
offending collectors, or
sponsoring organizations
responsible for
unresolved complaints,
should be kept by the
Commission.
10.
Reporting by Collectors and
Sponsoring Organizations
- Collectors
and sponsoring
organizations can make a
valuable contribution to
conservation and
institution-building in
host countries by
submitting reports on
their collecting missions
and the conservation
status of species or
their habitats. These
should be submitted to
the host governments and
the proposed UN
Biological Resources
Commission.
11.
Monitoring and Evaluation
- Appropriate
national and
international authorities
should periodically
review the relevance and
implementation of this
Code of Practice. This
document should be
considered as an early
draft of a code. In view
of the rapid changes
taking place in this
field, it should be
modified and updated in
accordance with
technological, legal,
ethical, and cultural
developments.
- Professional
societies and
associations which
support the principles in
this document may wish to
establish peer-review
ethics committees
relating to the
professional behaviour of
their members.
- Governments
permitting collection may
wish to recommend to
collectors and sponsoring
organizations of
prospective collecting
missions, that they
accept the principles and
approaches outlined in
this document.
List
of Acronyms
ASEAN
Association of South East Asia
Nations
ASOMPS Asian
Symposium for Medicinal Plants,
Spices, and Other Natural
Products
BSA Botanical
Society of America
CGIAR
Consultative Group on
International Agricultural
Research
EC European
Community
FAO Food and
Agriculture Organization of the
United Nations
GATT General
Agreement on Tariffs and Trade
IBPGR
International Board for Plant
Genetic Resources
INBio Instituto
Nacional de Biodiversidad
ISE
International Society of
Ethnobiology
IUCN
International Union for
Conservation of Nature and
Natural Resources, also known as
World Conservation Union
NAFTA North
American Free Trade Agreement
NCI National
Cancer Institute
NIH National
Institutes of Health
OAU
Organization of African Unity
OECD
Organization for Economic
Cooperation and Development
PEMASKY Project
for the Study of the Management
of Wildlife Areas of Kuna Yala
PGR Plant
Genetic Resources
SEB Society for
Economic Botany
STRI
Smithsonian Tropical Research
Institute
TMP Traditional
Medical Practitioner
UNCED United
Nations Conference on Environment
and Development
UNCTAD United
Nations Conference on Trade and
Development
UNESCO United
Nations Education, Scientific,
and Cultural Organization
UNEP United
Nations Environment Programme
WCIP World
Council of Indigenous Peoples
WHO World
Health Organization
WRI World
Resources Institute
WWF World Wide
Fund For Nature
Glossary
Biodiversity.
The totality of genes, species,
and ecosystems in a region or in
the world.
Biological
Resources. Those components
of biodiversity that are of
direct or potential use to
humanity.
Biotechnology.
Any technology that is applied to
living organisms to make them
more valuable to people.
Conservation.
The management of human use of
the biosphere so that it may
yield the greatest sustainable
benefit to current generations
while maintaining its potential
to meet the needs and aspirations
of future generations: thus
conservation is positive,
embracing preservation,
maintenance, sustainable
utilization, restoration, and
enhancement of the natural
environment.
Conservation
of Biodiversity. The
management of human interactions
with genes, species, and
ecosystems so as to provide the
greatest sustainable benefit to
current generations while
maintaining its potential to meet
the needs and aspirations of
future generations: encompasses
elements of saving, studying, and
using biodiversity.
Cultural
Diversity. Variety or
multiformity of human social
structures, belief systems, and
strategies for adapting to
situations in different parts of
the world.
Endemic.
Restricted to a specific region
or locality.
Ethnobiology.
The study of relationships
between biological and cultural
systems.
Ex situ
Conservation. Keeping
components of biodiversity alive
outside their original habitat or
natural environment.
Forest
Products. Products such as
fruits, medicines, rattan, and
craftwork materials, as distinct
from hard wood timber products.
Genes.
The functional unit of heredity;
the part of the DNA molecule that
encodes a single enzyme or
structural protein unit.
Genetic
Engineering. Research and
technology for artificial
splicing and transplanting of
genetic material from one
organism to another.
In situ
Conservation. The
conservation of biodiversity
within the evolutionary dynamic
ecosystems of the original
habitat.
Indigenous
Peoples. People whose
ancestors were dominated by
persons from another culture or
ethnic background through
conquest, settlement, or other
means, but who stil1 live more in
conformity with their own social,
economic, and cultural traditions
than those of the country of
which they form a part.
Intellectual
Property Right. A right
enabling an inventor to exclude
imitators from the market for a
limited time.
Landraces.
A crop cultivar or animal breed
that evolved with, and has been
genetically improved by,
traditional agriculturalists, but
has not been influenced by modern
breeding practices.
Parataxonimists.
Field-trained biodiversity
collection and inventory
specialists recruited from local
areas.
Sponsoring
Organization. Any
organization sponsoring
collection of biological material
for possible new commercial
products.
Sustainable
Use. Use of resources in a
way that meets the needs and
aspirations of the current
generation without compromising
the ability to meet those of
future generations.
References
- Abbiw,
D.K.1990. Useful
Plants of Ghana
Intermediate Technology
Publications, London.
- Anders,
J.C. 1989. Social and
EconomicConsequences of
Federal Indian policy: a
case study of the Alaskan
natives. Economic
Development and Cultural
Change 285-303.
- Anon.
1991. Biotics Ltd - Money
Does Grow on Trees.
Washington Insight, June
15, l991.IV (2): 7.
- Anon.
1991a. Government
likely to ban dried plant
export. The Star,
Tuesday 22 October 1991.
- Anyinam,
C. 1987. Availability,
Accessibility,Acceptability
and Adaptability: Four
Attributes of African
Ethnomedicine. Social
Science and Medicine 25:
803-811.
- Arnold,
M.H.; Astley, D.; Bell,
E.A.; Bleasdale, J.K.A.;
Bunting, A.H.; Burley,
J.; Callow. J.A.; Cooper,
J.P.; Day, P.R.; Ellis,
R.H.; Ford-Lloyd, B.V.;
Giles, R.J.; Hawkes,
J.G.; Hayes, J.D.;
Henshaw, G.G.;
Heslop-Harrison, J.;
Heywood, V.H.; Innes,
N.L.; Jackson, M.T.;
Jenkins, G.; Lawrence,
M.J.; Lester, R.N.;
Matthews, P.; Mumford,
P.M.; Roberts, E.H.;
Simmonds, N.W.; Smartt,
J.; Smith, R.D.; Tyler,
B.; Watkins, R.;
Whitmore, T.C.; and
Withers, L.A. 1986. Plant
Gene Conservation:
Letter to Nature
objecting to P. Mooney's
views on crop plant
genetic resources. Nature
319: 615.
- Balick,
M.J. 1990. Ethnobotany
and the Identification of
Therapeutic Agents from
the Rainforest.
pp.22-39 in: Chadwick,
D.J. and Marsh, J. (eds) Bioactive
Compounds from Plants.
Ciba Foundation Symposium
no. 154. J. Wiley and
Sons, Chichester.
- Balick,
M.J. 1991. The Belize
Ethnobotany Project:
Discovering the Resources
of the Tropical
Rainforest. Fairchild
Tropical Garden Bulletin,
April 1991. pp. 16-24.
- Balz, J.B.
1988. in: Compte Rendu
du 6eme colloque
international consacré
aux plantes médicinales
et substances
dorigine naturelle.
pp. 21-30. P. Fabre,
Angers (cited by
Hamburger et al.,
1991).
- Behrman,
J.N. 1980. Tropical
diseases: Responses of
Pharmaceutical Companies.
Washington DC, American
Enterprise Institute
(quoted in Lesser, 1991).
- Boom, B.M.
1990. Giving Native
People a Share of the
Profits. Garden
14(6): 28-31.
- Bowie, L.
1992. Searching Mother
Nature for Drugs. The
West Australian Monday,
October 19, 1992.
- Carney,
B.; Downes, D.; Klein,
C.; and Laird, S. 1992. Draft
agreement between
pharmaceutical company
and biological sample
collector.
Rainforest Alliance, New
York.
- Chapin, M.
1991. How the Kuna
keep the Scientists in
Line. Cultural
Survival Quarterly 15(3):
17.
- Charter of
the Indigenous Tribal
Peoples of the Tropical
Forests. 1992. Statement
of the International
Alliance of the
Indigenous Tribal Peoples
of the Tropical Forests.
Penang, Malaysia.
- Corey,
E.J.; Kang, M.C.; Desai,
M.C.; Ghosh, A.K.; and
Houpis, I.N. 1988. J.
Amer Chem Soc. 110:
649-651.
- Cruz,
L.J.; Concepcion, G.P.;
Mendigo, A.S.; and
Guevara, B.Q. 1992. Seventh
Asian Symposium on
Medicinal Plants, Spices
and other Natural
Products. APO
Production Unit, Manila,
Philippines.
- Cunningham,
A.B. 1990. African
Medicinal Plants: Setting
Priorities at the
Interface of Conservation
and Primary Healthcare.
WWF 3331 Report, Plants
Conservation Section, WWF
International.
- Cunningham,
A.B. 1991a. Indigenous
Knowledge and
Biodiversity: Global
Commons or Regional
Heritage? Cultural
Survival Quarterly,
Summer 1991: 1-4.
- Cunningham,
A.B.; and Mbenkum, F.T.
1993. Medicinal Bark
in International Trade: a
Case Study of the
Afromontane tree Prunus
africana. Report to WWF
International.
- Cunningham,
A.B.; and Zondi, S. 1992.
Use of Animal Parts
for the Commercial Trade
in Traditional Medicines.
Working paper No. 76,
Institute of Natural
Resources, University of
Natal, Pietermaritzburg.
- Davis,
S.D,; Droop, S.J.M.;
Gregerson, P.; Henson,
L.; Leon, C.J.;
Villa-Lobos, J.L.; Synge,
H.; and Zantovaska, J.
1986. Plants in
Danger: What do we Know?
IUCN, Gland, Switzerland.
- de Beer,
J.H.; and McDermott, M.J.
1989. The Economic
Value of Non-Timber
Forest Products in
Southeast Asia.
Netherlands Committee for
IUCN, Amsterdam.
- Elizabetsky,
E. 1991. Folklore,
Tradition or Knowhow?
Cultural Survival
Quarterly 15(3): 9-13.
- Eisner,
T.; and Meinwald, J.
1990. The Goteburg
Resolution. Chemoecology
1: 38.
- Eisner, T.
1990. Prospecting for
Natures Riches.
Chemoecology 1: 38-40.
- FAO. 1991.
Draft International Code
of Conduct for Plant
Germplasm Collecting and
Transfer. Commission on
Plant Genetic Resources,
fourth session. 15-19
April 1991, FAO, Rome.
- Farnsworth,
N.R. 1988. Screening
Plants for New Medicines.
pp. 83-97 in
Biodiversity, E.O. Wilson
(ed), National Academy
Press, Washington DC.
- Findeisen,
C. 1991. Natural
Products Research and the
Potential Role of the
Pharmaceutical Industry
in Tropical Forest
Conservation.
Periwinkle Project,
Rainforest Alliance, New
York.
- Glaxo.
1992. Policy for the
Acquisition of Plant
Materials. Glaxo Research
Group Ltd., Greenford,
Middlesex.
- Green,
E.C. 1985. Traditional
Healers, Mothers and
Childhood Diarrhoeal
Disease in Swaziland: the
Interface of Anthropology
and Health Education.
Soc. Sci. Med 20:
277-285.
- Gustafson,
K.R.; Cardellina, J.H.
II; McMahon, J.B.;
Gulakowski, R.J.;
Ishitoya, J.; Szallasi,
Z.; Lewin, N.E.;
Blumberg, P.M.; Weislow,
O.S.; Beutler, J.E.;
Buckheit, R.W.; Cragg,
G.M.; Cox, P.A.; Bader
J.P.; and Boyd, M.R.
1992. A Non-promoting
Phorbol from the Samoan
Medicinal Plant
Homalanthus nutans
Inhibits Cell Killing by
HIV-I . Journal of
Medicinal Chemistry 35:
1978-1986.
- Hamburger,
M.; Marston, A.; and
Hostettmann, K. 1991. Search
for New Drugs of Plant
Origin. Advances in
Drug Research 20:
167-215.
- Hanlon, J.
1979. When the
Scientist Meets the
Medicine Men. Nature
279: 284-285.
- Hobbelink,
H. 1991. Biotechnology
and the Future of World
Agriculture. Zed
Books Ltd, London &
New Jersey.
- Horowitz,
I.L. 1973. The Life
and Death of Project
Camelot. in Weaver T.
(ed.) To see
Ourselves: Anthropology
and Modern Social Issues.
Glenview Scott
Foresman and Company
(cited by Preston-Whyte,
1987).
- Husain,A.
1991.Economic Aspects
of Exploitation of
Medicinal Plants. pp.
125-140 in: Akerele O.;
Heywood V.; and Synge H. Conservation
of Medicinal Plants.
Cambridge University
Press.
- Johns, T.
1990. Chemical
Screening Programs in the
Real World.
Chemoecology 1: 142-143.
- Joyce,
C.1991. Prospectors
for Tropical Medicines.
New Scientist, 19 October
1991. pp. 32-36.
- Juma, C.
1989. Biological
Diversity and Innovation:
Conserving and Utilizing
Genetic Resources in
Kenya. African Centre
for Technology Studies
No. 3, Nairobi, Kenya.
- Kashman,
Y.; Gustafson, K.R.;
Fuller, R.W.; Cardellina,
J.H.; MacMahon, J.B.;
Currens, M.J.; Buckheit,
R.W.; Hughes, S.H.; Cragg
G.M.; and Boyd, M.R.
1992. The Calanolides,
a Novel HlV-inhibitory
Class of Coumarin
Derivates from the
Tropical Rainforest Tree,
Calophyllum lanigerum.
Journal of Medicinal
Chemistry 35: 2735-2743.
- Kloppenberg,
J.R. 1988. Seeds and
Sovereignty. Duke
University Press, London.
- Kong, Y-C.
1982. The Control of
Chinese Medicines - a
Scientific Overview.
Yearb. Pharm. Soc. Hong
Kong 1982. 47-51 (cited
in Farnsworth, N.R. 1988.
Screening Plants for New
Medicines. pp.83-97, in:
Wilson E.O. (ed.) Biodiversity,
National Academy Press,
Washington DC.
- Lesser, W.
1991. Equitable Patent
Protection in the
Developing World: Issues
and Approaches.
Eubios Ethics Institute,
New Zealand.
- Lovett,
J.1988. Practical
Aspects of Moist Forest
Conservation in Tanzania.
Monogr. Syst. Missouri
Bot. Gard. 25: 491-496.
- MacLaughlin,
J.H.; Richards, TJ.; and
Kenny, L.A. 1988. The
Economic Significance of
Piracy. Ch 3 in Gadbaw
R.M. and Richards T.J.
(eds.), Intellectual
Property Rights: Global
Conflict? Boulder,
CO, Westview Press
(quoted in Lesser, 1991).
- Manfredi
K.P.; Blunt, J.W.;
Cardellina, J.H. II;
McMahon, J.B.; Pannell,
L.L.; Cragg, G.M.; and
Boyd, M.R. 1991. Novel
Alkaloids from the
Tropical Plant Ancistrocladus
abbreviatus Inhibit
Cell Killing by HIV-1 and
HIV-2. J. Med. Chem.,
December 1991. pp.
3402-3405.
- McNeely,
J.A.1988. Economics
and Biological Diversity:
Developing and Using
Economic Incentives to
Conserve Biological
Diversity. IUCN,
Gland, Switzerland.
- McNeely,
J.A; Miller, K.R.; Reid,
W.V.; Mittermeier, R.A.;
and Werner, T.B. 1990.Conserving
the World's Biological
Diversity. IUCN,
Switzerland.
- Mooney,
P.R. 1983. The Law of
the Seed. Development
Dialogue 1-2: 1-172.
- National
Cancer Institute. 1992. Development
Therapeutics Program,
Division of Cancer
Treatment, Letter of
Intent. Frederick,
Maryland.
- Oldfield,
M.1984. The Value of
Conserving Genetic
Resources. US
Department of Interior,
Washington DC.
- Padoch,
C.; and Boom, B. 1991. Draft
Code of Ethics: Society
for Economic Botany.
Unpublished Draft,
Society of Economic
Botany.
- Peters,
C.M. 1990. Plenty of
Fruit but no Free Lunch.
Garden 14(6): 8-13
(published by the New
York Botanical Garden).
- Peters,
C.M.; Gentry, A.H.; and
Mendelsohn, R.O. 1989.
Valuation of an Amazonian
Rainforest. Nature
339: 655-656.
- Posey,
D.A. 1990.
Intellectual Property
Rights and Just
Compensation for
Indigenous Knowledge.
Anthropology Today 6(4):
13-16.
- Posey,
D.A. 1990. Introduction
to Ethnobiology: Its
Implications and
Applications. pp. 1-8
in Ethnobiology:
Implications and
Applications.
Proc.1st Int. Congr. of
Ethnobiology (Belem
1988). Museu Paraense
Emilio Goeldi, Belem
(Brazil).
- Posey,
D.A. 1991. Effecting
International Change.
Cultural Survival
Quarterly 15(3): 29-35.
- Repetto,
R. 1988. The forest for
the Trees? Government
Policies and the Misuse
of Forest Resources.
World Resources
Institute.
- Repetto,
R.; Magrath, W.; Wells,
M.; Beer, C.; and
Rossini, F.1989. Wasting
Assets: Natural Resources
and the Misuse of Forest
Resources. Cambridge
University Press. 432 pp.
- Rodin,
H.1985. The
Ethnobotany of the
KwaNyama Ovambo.
Monograph, Missouri
Botanical Gardens, St.
Louis.
- Saw, L.G.;
LaFrankie, J.V.;
Kochummen, K.M.; and Yap,
S.K. 1991. Fruit Trees
in Malaysian Rainforest.
Economic Botany 45(1):
120-136.
- Schweitzer,
J.; Handley, F.G.;
Edwards, J.; Harris,
W.F.; Grever, M.R.;
Schepartz, S.A.; Cragg,
G.; Snader, K.; and Bhat,
A. 1991. Commentary:
Summary of the Workshop
on Drug Development,
Biological Diversity and
Economic Growth.
Journal of the National
Cancer Institute. pp.
1294-1298.
- Stone, R.
1992. The Biodiversity
Treaty: Pandora's Box or
Fair Deal? Science
256: 1624.
- Tyler,
V.E. 1986. Plant Drugs
in the Twenty-first
Century. Economic
Botany 40: 279-288.
- UNESCO.
1989. Resolution on
the Safeguarding of
Traditional Culture and
Folklore. UNESCO,
Paris.
- US
Government.1993. Foreign
Operations, Export
Financing, and Related
Programs Appropriations
Bill, Public Law. pp.
76-77.
- Vernon,
C.J. 1986. The Ground
Hornbill at the Southern
Extremity of its Range.
Ostrich 57: 16-24.
- Weislow,
O.S.; Kiser, R.; Fine,
D.L.; Bader, J.;
Shoemaker, R.H.; and
Boud, M.R. 1989. New
Soluble-formazan Assay
for HIV-I Cytopathic
Effects: Applicanon to
High-flux Screening of
Synthetic and Natural
Products for
AlDS-anti-viral Activity.
Journal of the National
Cancer Institute 81:
577-586.
- WRI. 1992.
Global Biodiversity
Strategy: Guidelines
for Action to Save, Study
and Use Earth's Bioac
Wealth Sustainably and
Equitably. WRI, IUCN,
UNEP.
Personal
Communications
Cele M.P. 1991.
"KwaZihlahla Zemithi",
Umlazi, Durban, South Africa
Hamilton A.
1993. Plants Conservation
Officer, WWF, Godalming, Surrey,
UK
Harder D. 1991.
Missouri Botanical Garden, St.
Louis, Missouri, USA
Walsh F. 1992.
Dept. Botany, University of
Western Australia
Waterman P.
1992. Dept. of Pharmaceutical
Sciences, University of
Strathclyde, Scotland
Acknowledgements
Many people
have contributed to this document
at various stages, although the
views expressed here may not
reflect their views or those of
their organizations. I am
particularly grateful to Berhanu
Abegaz, Carl Albrecht, Gene
Anderson Jim Armstrong, Graham
Baines, Brian Boom, Jack Cannon,
Andrew Cooke, M.P. Cele, Gordon
Cragg, Nigel Gericke, Linda
Fellows, Alan Hamilton, Dan
Harder, Chris Healey, Tim Johns,
Christine Kabuye, Sarah Laird,
Nordin Lajis, Ian MacDonald,
Neville Marchant, Gary Martin,
James Martin-Jones, Mike
Martin-Smith, Steven Mavi, Helen
Moss, Chayan Picheansoonthon,
Michel Pimbert, Nat Quansah,
Fiona Walsh, Peter Waterman,
Darell Posey, Tsheding Rakolota,
David Turner, Janna Weiss,
Standford Zent and the African
Traditional Healers Organization.
Colleagues at the ASOMPS VII
meeting in Manila, Philippines
(February 1992) and at the
International Society of
Ethnobiology (ISE) meeting in
Mexico City (November 1992), also
made a contribution to this
document, which was produced with
financial support from WWF
International. I also gratefully
acknowledge the hospitality of
the Gaia Foundation on my visits
to the UK during this project,
and to Michelle Cunningham and
Ros Coles for their assistance
and support.
BACK
|