Understanding Bioprospecting: Can Indigenous Populations Benefit from the Search for Pharmaceuticals in Areas of High Biodiversity
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The Realized Benefits from Bioprospecting in the Wake of the Convention on Biological Diversity
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Washington University St. Louis: Open Scholarship Washington University Journal of Law & Policy Volume 47 Intellectual Property: From Biodiversity to Technical Standards 2015 The Realized Benefits from Bioprospecting in the Wake of the Convention on Biological Diversity James S. Miller Missouri Botanical Garden Follow this and additional works at: https://openscholarship.wustl.edu/law_journal_law_policy Part of the Ecology and Evolutionary Biology Commons, Environmental Law Commons, and the Plant Sciences Commons Recommended Citation James S. Miller, The Realized Benefits from Bioprospecting in the Wake of the Convention on Biological Diversity, 47 WASH. U. J. L. & POL’Y 051 (2015), https://openscholarship.wustl.edu/law_journal_law_policy/vol47/iss1/10 This Article is brought to you for free and open access by the Law School at Washington University Open Scholarship. It has been accepted for inclusion in Washington University Journal of Law & Policy by an authorized administrator of Washington University Open Scholarship. For more information, please contact [email protected]. The Realized Benefits from Bioprospecting in the Wake of the Convention on Biological Diversity James S. Miller MISSOURI BOTANICAL GARDEN In the mid-1980s, the convergence of several technological advances led to a serious resurgence of interest in surveying plant species for drug development. The emergence of methods to miniaturize in-vitro bioassays (a test used to quantify the biological effect of a chemical compound or extract against a specific disease target) run the bioassays with robotic equipment, and isolate and identify active compounds with a speed and precision never before possible. -
Developing Bioprospecting Strategies for Bioplastics Through the Large-Scale Mining of Microbial Genomes
fmicb-12-697309 July 6, 2021 Time: 18:39 # 1 ORIGINAL RESEARCH published: 12 July 2021 doi: 10.3389/fmicb.2021.697309 Developing Bioprospecting Strategies for Bioplastics Through the Large-Scale Mining of Microbial Genomes Paton Vuong1, Daniel J. Lim2, Daniel V. Murphy1, Michael J. Wise3,4, Andrew S. Whiteley5 and Parwinder Kaur1* 1 UWA School of Agriculture and Environment, The University of Western Australia, Perth, WA, Australia, 2 Department of Physics and Astronomy, Curtin University, Perth, WA, Australia, 3 School of Physics, Mathematics and Computing, The University of Western Australia, Perth, WA, Australia, 4 Marshall Centre for Infectious Disease Research and Training, University of Western Australia, Perth, WA, Australia, 5 Centre for Environment and Life Sciences, CSIRO, Floreat, WA, Australia The accumulation of petroleum-based plastic waste has become a major issue for the environment. A sustainable and biodegradable solution can be found in Polyhydroxyalkanoates (PHAs), a microbially produced biopolymer. An analysis of the global phylogenetic and ecological distribution of potential PHA producing bacteria and Edited by: archaea was carried out by mining a global genome repository for PHA synthase (PhaC), Obulisamy Parthiba Karthikeyan, University of Houston, United States a key enzyme involved in PHA biosynthesis. Bacteria from the phylum Actinobacteria Reviewed by: were found to contain the PhaC Class II genotype which produces medium-chain Rajesh K. Sani, length PHAs, a physiology until now only found within a few Pseudomonas species. South Dakota School of Mines Further, several PhaC genotypes were discovered within Thaumarchaeota, an archaeal and Technology, United States Vijay Kumar, phylum with poly-extremophiles and the ability to efficiently use CO2 as a carbon Institute of Himalayan Bioresource source, a significant ecological group which have thus far been little studied for PHA Technology (CSIR), India production. -
Relationships Among Biodiversity Dimensions of Birds in Nebraska Nadejda Mirochnitchenko University of Nebraska - Lincoln, [email protected]
University of Nebraska - Lincoln DigitalCommons@University of Nebraska - Lincoln Dissertations & Theses in Natural Resources Natural Resources, School of Fall 12-2018 Relationships Among Biodiversity Dimensions of Birds in Nebraska Nadejda Mirochnitchenko University of Nebraska - Lincoln, [email protected] Follow this and additional works at: http://digitalcommons.unl.edu/natresdiss Part of the Biodiversity Commons, Ecology and Evolutionary Biology Commons, Natural Resources and Conservation Commons, Natural Resources Management and Policy Commons, Ornithology Commons, and the Poultry or Avian Science Commons Mirochnitchenko, Nadejda, "Relationships Among Biodiversity Dimensions of Birds in Nebraska" (2018). Dissertations & Theses in Natural Resources. 275. http://digitalcommons.unl.edu/natresdiss/275 This Article is brought to you for free and open access by the Natural Resources, School of at DigitalCommons@University of Nebraska - Lincoln. It has been accepted for inclusion in Dissertations & Theses in Natural Resources by an authorized administrator of DigitalCommons@University of Nebraska - Lincoln. RELATIONSHIPS AMONG BIODIVERSITY DIMENSIONS OF BIRDS IN NEBRASKA by Nadejda Anatolievna Mirochnitchenko A THESIS Presented to the Faculty of The Graduate College at the University of Nebraska In Partial Fulfillment of Requirements For the Degree of Master of Science Major: Natural Resource Sciences Under the Supervision of Professors Erica F. Stuber and Joseph J. Fontaine Lincoln, Nebraska December 2018 RELATIONSHIPS AMONG BIODIVERSITY -
Crop Genetic Resources Bulletin Number 2 an Economic Appraisal May 2005 Kelly Day Rubenstein, Paul Heisey, Robbin Shoemaker, John Sullivan, and George Frisvold
A Report from the Economic Research Service United States Department www.ers.usda.gov of Agriculture Economic Information Crop Genetic Resources Bulletin Number 2 An Economic Appraisal May 2005 Kelly Day Rubenstein, Paul Heisey, Robbin Shoemaker, John Sullivan, and George Frisvold Abstract: Crop genetic resources are the basis of agricultural production, and significant economic benefits have resulted from their conservation and use. However, crop genetic resources are largely public goods, so private incentives for genetic resource conservation may fall short of achieving public objectives. Within the U.S. germplasm system, certain crop collec- tions lack sufficient diversity to reduce vulnerability to pests and diseases. Many such genetic resources lie outside the United States. This report examines the role of genetic resources, genetic diversity, and efforts to value genetic resources. The report also evaluates economic and institutional fac- tors influencing the flow of genetic resources, including international agree- ments, and their significance for agricultural research and development in the United States. Keywords: Genetic resources, genetic diversity, germplasm, R&D, interna- tional transfer of genetic resources, in situ conservation, ex situ conserva- tion, gene banks, intellectual property. Acknowledgments: The authors wish to thank Allan Stoner, Henry Shands, and Peter Bretting for their thoughtful reviews and their valuable comments. Thanks for reviews above and beyond the call of duty belong to June Blalock, whose patience and insight were critical to the production of this report. We also thank Joe Cooper who reviewed portions of the manuscripts. Keith Wiebe provided helpful guidance in the development of the final draft. We thank Dale Simms for his excellent editorial work and Susan DeGeorge for her help with graphics and layout. -
Plant Genetic Resources As Commons: the Model of Fao’S International Treaty
PLANT GENETIC RESOURCES AS COMMONS: THE MODEL OF FAO’S INTERNATIONAL TREATY Dr. María Iglesias Introduction After almost 7 years of negotiations, the International Treaty on Plant Genetic Resources for Food and Agriculture (hereinafter ITPGRFA) was adopted in November 20011. The Treaty already recognises in its Preamble that plant genetic resources for food and agriculture are a common concern of all countries, in that all countries depend very largely on plant genetic resources for food and agriculture that originated elsewhere. Thus, the main objectives of the ITPGRFA are the conservation and sustainable use of plant genetic resources for food and agriculture (hereinafter PGRFAs) and the fair and equitable sharing of the benefits arising out of their use, in harmony with the Convention on Biological Diversity, for sustainable agriculture and food security2. Although the Treaty covers all PGRs3, it establishes an international commons pool, the so called multilateral system, only for certain kinds of resources that will guarantee the access to these resources and the sharing of benefits 1 The ITPGRFA entered in to force in June 2004. In December 2008, 119 states had ratified it. 2 Art. 1. The ITPGRFA may be considered in fact as a special application of art. 15 (Access to Genetic Resources) of the Convention on Biological Diversity: “1. Recognizing the sovereign rights of States over their natural resources, the authority to determine access to genetic resources rests with the national governments and is subject to national legislation. 2. Each Contracting Party shall endeavour to create conditions to facilitate access to genetic resources for environmentally sound uses by other Contracting Parties and not to impose restrictions that run counter to the objectives of this Convention. -
Global Commons: Between Cooperation and Competition by Gerald Stang
17 2013 Photo by NASA / Rex Features (1568628a) Features / Rex NASA by Photo Global commons: Between cooperation and competition by Gerald Stang Rapid economic development and increasing inter- What exactly are the global commons? national trade are leading to a more crowded interna- tional stage and raising new challenges in the ‘global Security analysts generally identify four domains as commons’ – those domains that are not under the global commons: high seas, airspace, outer space control or jurisdiction of any state but are open for use and, now, cyberspace. From a security perspective, by countries, companies and individuals from around the primary concern is safeguarding ‘access’ to these the world. Their management involves increasingly domains for commercial and military reasons. complex processes to accommodate and integrate the interests and responsibilities of states, international It is important to highlight that this language differs organisations and a host of non-state actors. from the discourse on commons developed by envi- ronmental analysts: their arguments focus on dam- Shared rules regarding the usage of - and access to age to the ‘condition’ of the commons from overuse - the global commons encourage their peaceful and by actors who do not have to pay direct costs. They cooperative use. Over the last seven decades, the US worry about the depletion of shared resources such as has led in the creation of a liberal international order ocean fish stocks, or the damage to shared domains which has attempted to define these rules in such a such as Antarctica or the atmosphere. way as to make it easier and more beneficial to join the order and follow the rules than it does to operate A third strand of analysis looks not at the need for outside of (or undermine) it. -
The "Tragedy of the Commons" in Plant Genetic Resources: the Need for a New International Regime Centered Around an International Biotechnology Patent Office
Gulati: The "Tragedy of the Commons" in Plant Genetic Resources: The Need for a New International Regime Centered Around an International Biotechnology Patent Office Note The "Tragedy of the Commons" in Plant Genetic Resources: The Need for a New International Regime Centered Around an International Biotechnology Patent Office Chetan Gulati- The last several centuries have seen a transformation in the ways in which wealth is generated. As society has transformed itself in the post- industrial era, "knowledge" and "information," as opposed to land and physical property, have increasingly become the primary sources of wealth generation.1 For example, historically, it was ownership of the forest that was the principal channel for the derivation of riches. Today it is the possession of the patent in the pharmaceutical product derived from the leaves of the trees of the very same forest that is the fountain from which the greatest wealth springs. It is not surprising, therefore, that the strategy of wealth maximization has shifted from the desire to accumulate physical property to one in which the domination2 of intellectual property rights ("IPRs") has become preeminent. As already alluded to, the products derived from plant genetic resources ("PGRs")3 are major sources of wealth generation for developed t J.D., Yale Law School, expected 2002. I am grateful to Professor Gideon Parchomovsky for his guidance and valuable commentary. I should also thank my colleagues at the Yale Law School, especially Saema Somalya, Jean Tom and the other editors of the Yale Human Rights and Development Law Journal, without whose constant challenge to my ideas, this project would never have come to fruition. -
Biodiversity Conservation: How Can the Regulation of Bioprospecting
N°06/13 JUNE 2013 | BIODIVERSITY Biodiversity conservation: How can the regulation of bioprospecting under the Nagoya Protocol make a difference? Claudio Chiarolla, Renaud Lapeyre, Romain Pirard (IDDRI) THE REGULATION OF BIOPROSPECTING: WHAT IS IT? AND WHY IS IT IMPORTANT? The need to protect biodiversity and to promote fairness in the use of genetic resources and associated traditional knowledge has engendered one of the most contentious debates of the 21st century between devel- oped and developing countries. This debate has fundamental implications for the way in which basic and applied research on genetic resources and biodiversity is conducted and its results are made available between and within peoples and societies. Therefore, the regulation of bioprospecting –i.e. “the search for plant and animal species from which medicinal drugs and other commercially valuable compounds can be obtained”– not only tells stories about biodiversity conservation, but also about food security, global health, intellectual property, indigenous peoples, equity, justice and human rights. NEW PERSPECTIVES: BIOPROSPECTING CONTRACTS AS MARKET- BASED INSTRUMENTS In a context of financial constraint, MBIs are seen as a potential tool to help foster biodiversity conservation. As private contracts between two (or more) parties (theoretically Coasean agreements), bioprospecting contracts could be more efficient than command-and-control regulations aimed at biodiversity conservation. Aiming to regulate bioprospecting, the Nagoya Protocol on Access to Genetic Resources and Benefit Shar- ing (ABS), adopted in 2010, should help to stop the misappropriation This article is based on research that has of genetic resources and associated traditional knowledge (known as received a financial support from the French ‘biopiracy’), while providing legal certainty for public and private users government in the framework of the programme of such resources. -
An Introduction to the Digital Commons: from Common-Pool Resources to Community Governance Melanie Dulong De Rosnay, Hervé Le Crosnier
An Introduction to the Digital Commons: From Common-Pool Resources to Community Governance Melanie Dulong de Rosnay, Hervé Le Crosnier To cite this version: Melanie Dulong de Rosnay, Hervé Le Crosnier. An Introduction to the Digital Commons: From Common-Pool Resources to Community Governance. Building Institutions for Sustain- able Scientific, Cultural and genetic Resources Commons, Sep 2012, Louvain-la-Neuve, Belgium. http://biogov.uclouvain.be/iasc/index.php?page=fullpapers. halshs-00736920 HAL Id: halshs-00736920 https://halshs.archives-ouvertes.fr/halshs-00736920 Submitted on 30 Sep 2012 HAL is a multi-disciplinary open access L’archive ouverte pluridisciplinaire HAL, est archive for the deposit and dissemination of sci- destinée au dépôt et à la diffusion de documents entific research documents, whether they are pub- scientifiques de niveau recherche, publiés ou non, lished or not. The documents may come from émanant des établissements d’enseignement et de teaching and research institutions in France or recherche français ou étrangers, des laboratoires abroad, or from public or private research centers. publics ou privés. An Introduction to the Digital Commons: From Common-Pool Resources to Community Governance Mélanie Dulong de Rosnay, Institute for Communication Sciences of CNRS, Paris Hervé Le Crosnier, University of Caen and Institute for Communication Sciences of CNRS, Paris Abstract This article proposes an introductory analysis of digital resources and commons-based peer production online communities with the framework of the common pool-resources. Trying to go beyond the classic economy dichotomy between physical resources scarcity and informational resources reproducibility, the approach allows to focus not only on the nature of the resources, but mostly on the governance by the communities to produce resources which remain available for all to share and build upon, while avoiding risks of pollution, degradation, underuse or enclosure by the market. -
An Agricultural Law Research Article
University of Arkansas [email protected] $ (479) 575-7646 An Agricultural Law Research Article The Bioprospecting Question: Should the United States Charge Biotechnology Comapanies for the Commercial Use of Public Wild Genetic Resources? by John R. Adair Originally published in ECOLOGY LAW QUARTERLY 24-1 ECOLOGY L.Q. 131 (1997) www.NationalAgLawCenter.org Comment The Bioprospecting Question: Should the United States Charge Biotechnology Companies for the Commercial Use of Public Wild Genetic Resources? John R. Adair* CONTENTS Introduction. ................................................... 132 I. An Overview of Bioprospecting and Biotechnology .... 135 A. The Rise of the Biotechnology Industry . 135 B. How Bioprospecting Drives the Biotechnology Industry. ............................................ 137 C. The International Legal Framework................ 141 D. Domestic Law...................................... 147 1. Agency Mandates............................... 147 2. Congressional Legislation....................... 149 II. Bioprospecting in the United States 151 A. Recent History..................................... 151 B. Current Bioprospecting Activity. 153 C. The Future: Why Domestic Bioprospecting May Increase. ............................................ 155 III. The Federal Government Should Seek Compensation for the Use of Its Wild Genetic Resources............. 157 A. A Compensation-Seeking Approach Would Champion Consistency and Fairness in Federal Land Use Policy 158 1. Bioprospecting Companies Receive Unwarranted Taxpayer Subsidies 161 Copyright © 1997 by ECOLOGY LAW QUARTERLY. • Associate, Faegre & Benson, Minneapolis, Minnesota. J.D. 1996, Boalt HalI School of Law, University of California at Berkeley; B.A. 1991, Northwestern University. Thank you to the editors of the Ecology Law Quarterly for their hard work, and to Lana for her love and support. 131 132 ECOLOGY LAW QUARTERLY [Vol. XXIV:131 2. The Subjectivity of Environmental "Harm" ..... 161 B. A Compensation-Seeking Approach Would Procure Government Revenues ............................ -
Commons Common Pool Resource
Commons From Wikipedia, the free encyclopedia Commons refers to the cultural and natural resources accessible to all members of a society, including natural materials such as air, water, and a habitable earth. These resources are held in common, not owned privately. The resources held in common can include everything from natural resources and common land to software. The commons contains public property and private property, over which people have certain traditional rights. When commonly held property is transformed into private property this process alternatively is termed "enclosure" or more commonly, "privatization." Common Pool Resource ‐ CPR DEFINITION A resource that benefits a group of people, but which provides diminished benefits to everyone if each individual pursues his or her own self interest. The value of a common‐pool resource can be reduced through overuse [or abuse] because the supply of the resource is not unlimited, and using more than can be replenished can result in scarcity. Overuse of a common pool resource can lead to the tragedy of the commons problem. From: http://www.investopedia.com/terms/c/common‐pool‐resource.asp From Ostrom, “Revisiting the Commons” We use the term common‐pool resources (CPRs) to refer to resource systems regardless of the property rights involved. CPRs include natural and human‐ constructed resources in which (i) exclusion of beneficiaries through physical and institutional means is especially costly, and (ii) exploitation by one user reduces resource availability for others. These two characteristics‐difficulty of exclusion and subtractability‐create potential CPR dilemmas in which people following their own short‐term interests produce outcomes that are not in anyone’s long‐term interest. -
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.