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UNU/IAS Report the International Regime for Bioprospecting Existing Policies and Emerging Issues for Antarctica This Report Was Prepared By: Dagmar Lohan Sam Johnston

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UNU/IAS Report the International Regime for Bioprospecting Existing Policies and Emerging Issues for Antarctica This Report Was Prepared By: Dagmar Lohan Sam Johnston UNU/IAS Report The International Regime for Bioprospecting Existing Policies and Emerging Issues for Antarctica This report was prepared by: Dagmar Lohan Sam Johnston We thank the following people for valuable contributions made: Mike Richardson Jill Barret Tony Poole Lyle Glowka Sarah Laird Glenys Parry Martin Smith The organisers and participants of the meeting “Bioprospecting in Antarctica” (an academic workshop) For further information, contact: United Nations University Institute of Advanced Studies (UNU/IAS) 5–53–67 Jingumae, Shibuya–ku, Tokyo, 150–8304, Japan Tel +81–3–5467–2323, Fax +81–3–5467–2324 Email [email protected], URL http://www.ias.unu.edu Copyright © 2003 UNU/IAS All Rights Reserved Design by Brechtje Zoet UNU/IAS Report The International Regime for Bioprospecting Existing Policies and Emerging Issues for Antarctica August 2003 Contents 1 Introduction 5 2 Review of Biological Prospecting Activities in Antarctica 6 3 Overview of Biological Prospecting Trends Elsewhere 9 3.1 General Industry Trends 9 3.2 Bioprospecting for Extremophiles 10 4 Bioprospecting and the Antarctic Treaty System (ATS) 11 4.1 Legislative Background 11 4.2 Activities of ATS Bodies 13 5 International Policies Governing Bioprospecting Activities 15 5.1 United Nations Convention on the Law of the Sea (UNCLOS) 15 5.2 The Convention on Biological Diversity (CBD) 17 5.3 World Intellectual Property Organization (WIPO) 18 5.4 International Treaty on Plant Genetic Resources for Food and Agriculture 19 5.5 The World Summit on Sustainable Development 19 6 Conclusion 20 7 Epilogue 22 Endnotes 23 1 Introduction An increasing amount of the scientific research on the flora and fauna of Antarctic is underway with a view to identifying commercially useful genetic and biochemical resources. This type of research is likely to increase. The need to consider bioprospecting has been raised in the Scientific Committee on Antarctic Research (SCAR), the Committee for Environmental Protection (CEP), and the Antarctic Treaty Consultative Meeting (ATCM). Most recently, the matter was considered at the last meeting of the CEP and ATCM based on a Working Paper submitted by the United Kingdom (WP–043). The CEP concluded that biological prospecting needed to be discussed during the next CEP meeting and included it on its agenda for its sixth meeting (Item 7). Members were encouraged to submit papers on biological prospecting for consideration at CEP VI. The ATCM agreed with the CEP that biological prospecting was a very important matter. The ATCM also agreed that biological prospecting raised legal and political issues, in addition to environmental issues. As a result, the ATCM urged Parties to be prepared to consider these matters at the XXVIth meeting of the ATCM. This paper has been prepared in order to assist Parties in their preparations on the matter of biological prospecting in Antarctica for ATCM XXVI and CEP VI. The Paper takes as its starting point the issues raised in Working Paper-043. The Paper begins by reviewing bioprospecting activities in Antarctica to ascertain the nature and scope of existing Antarctic bioprospecting activities before considering similar bioprospecting activities in other regions. The relevant legal provisions of the Antarctic Treaty System (ATS) are then outlined and a brief overview of the ATS bodies relevant activities undertaken. Next, relevant international policies are considered before briefly addressing the questions raised at the last ATCM and CEP. Finally, some possible next steps are outlined. 5 2 Review of Biological Prospecting Activities in Antarctica This section will consider the types of institutions bioprospecting opportunities include, inter alia, engaged in Antarctic bioprospecting, review several the discovery of novel bioactives in species found notable commercially valuable discoveries, provide in cold and dry lithic habitats, novel pigments found an indication of commercial investment into Antarctic in hyper–saline lakes, and antifreezes in sea–lakes.2 bioprospecting, and outline a number of commercial applications arising there from. Amongst the many examples of commercially useful compounds discovered, is a glycoprotein, The preliminary desktop review undertaken for this which functions as the ‘antifreeze’ that circulates study has shown that without further in–depth in some Antarctic fish, preventing them from research it is not possible to ascertain the precise freezing in their sub–zero environments.3 The extent of current Antarctic bioprospecting activities. glycoprotein was discovered in the early 1970s by The information below was obtained from publicly National Science Foundation (NSF) funded research available information on the internet. It is evident conducted by Chi–Hing C Cheng and Liangbiao from such a search an initial search that more Cheng from the University of Illinois. The application bioprospecting is actually taking place, a finding of this glycoprotein in a range of processes is supported by observations of scientists active in being considered, including increasing the freeze Antarctica. Determining the exact extent of such tolerance of commercial plants, improving farm–fish activities, their commercial value, and likely trends production in cold climates, extending the shelf will require more active surveying of the relevant life of frozen food, improving surgery involving the activities in Antarctica, the sectors using genetic freezing of tissues, and enhancing the preservation material from Antarctica, research programmes most of tissues to be transplanted.4 It should be noted directly involved, and records of the appropriate that this discovery was based on research into the patent offices. Southern Ocean, highlighting the importance both of the Southern Ocean and the Antarctic continent So far, biological prospecting activities in Antarctica as sources of commercially useful genetic resources. have been carried out by universities, research Other discoveries include the enzyme–producing centres, and biotechnology and pharmaceutical ability of an Antarctic fungus 5 based on research companies, such as the University of Bordeaux carried out in 1995 by M Fenice, L Selbmann, L Zucconi (France), the Australian Academy of Technological and S Onofri from the University of Tuscia. Sciences and Engineering, Genencor International (multinational), and Merck Sharp & Dohme Attracted by such potentially useful discoveries (multinational). Bioprospecting activities in Antarctica the private sector has started to include Antarctic tend to be carried out by consortia comprising flora and fauna in its product development a mixture of public and private bodies, making programmes. Examples of companies’ activities it difficult to draw a clear distinction between include a contract signed in 1995 between the scientific research and commercial activities. Antarctic Cooperative Research Centre, University MICROMAT, for example, is an academic–industrial of Tasmania, Australia, and AMRAD Natural Products, consortium, whose partners include the University an Australian pharmaceutical company. According of Nottingham (UK), University of Liège (Belgium), to the contract, AMRAD is given the right to screen University of Ghent (Belgium), University of Bordeaux some 1,000 Antarctic microbial samples per year (France), Genencor International (multinational), in search for natural antibiotics and other human Deutsche Sammlung von Mikroorganismen und pharmaceutical products.6 Another example is Zellkulturen GmbH (Germany), Merck Sharp & Dohme Cerylid Biosciences, an Australian biotechnology (multinational), and BioSearch Italia SPA (Italy).1 In company engaged in the discovery of new lead addition to public–private consortia, scientists on a compounds for the development of new anti–cancer strictly academic project may identify and exploit and anti–inflammatory medicines. Cerylid bases its an organism’s valuable use, thus blurring the line discovery work on a biodiversity library containing between scientific research and commercial activity. 600,000 extracts from naturally occurring sources, (i.e. see paragraph 14 and the case of the protease which includes samples of plants, microbes, and isolated from the thermophilic bacillus). marine organisms collected amongst others in Antarctica. Finally, Genencor International, a global Bioprospectors’ interest in Antarctica stems from two biotechnology company with more than $300 reasons. First, the lack of knowledge surrounding million in revenue in 1999 and over 3,000 owned Antarctic biota provides an opportunity to discover and licensed patents and applications, also sources novel organisms of potential use to biotechnology. materials from Antarctica.7 One prominent Antarctic Second, Antarctica’s environmental extremes, scientist estimated that the private sector has such as cold temperatures and extreme aridity and provided $1 million funding for Antarctic microbiology salinity, present conditions in which biota have and biotechnology since 1997.8 evolved unique characteristics for survival. Thus, 6 7 In some cases, these research activities have lead to and how the monetary and non–monetary benefits commercial applications. Patents are one indicator have been distributed. of the application of this research, and have been referred to in this regard by the 27th meeting of It has not been possible to come to any conclusions SCAR. Patents applied for or granted so far based on about the physical impact that bioprospecting has the bioprospecting of Antarctic biota
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