Transcript Biodiversity, CBD & WTO Regime in 21st Century

Biodiversity & Bioprospecting in 21st Century
P. Pushpangadan
National Botanical Research Institute
(Council of Scientific & Industrial Research),
Lucknow-226001,INDIA
Eco-Education Hall,
NBRI, Lucknow
11th August 2005
21st Century
21st century is a century of Biology powered
and propelled by scientific knowledge and
technological expertise
Four technologies namely
 Biotechnology
 Herbal technology
 Nano Technology
 Information technology (Bioinformatics)
are going to be the most powerful elements
that are crucial for prosperity and welfare
for the people of nations.
World Trade and Economies:
The Paradigm Shift
• “Resource – based economies’
‘Knowledge –based economies’
to
• 21 st Century will be the Century
Knowledge”……
of
“A nation’s ability to convert knowledge in
to wealth and social good through the
process of innovation will determine its
future” ( R A Mashelkar, 2001)
Traditional Knowledge System (TK) OR
Indigenous Knowledge System (IK)
Community-based
functional
developed, preserved and maintained
generations by the local and
communities through their continuous
observations and experimentation
surrounding environment.


knowledge
over many
indigenous
interaction,
with their
Unique to a given culture or society.
Result of co-evolution and co-existence of
indigenous cultures and their traditional
resource use.
Biodiversity
The term 'biodiversity' is being taken in its
holistic sense, to encompass all levels of
biodiversity,
ecological
and
evolutionary
processes, including:
Natural ecosystems: e.g. forests, grasslands,
wetlands, deserts, mountains, coastal and
marine areas, including the historical changes
taking place in such ecosystems.
Wild species and varieties: species of plants,
animals, and micro-organisms existing in their
natural state and the genetic variation within
each of these species.
Biodiversity
Agricultural ecosystems: e.g. farmlands,
pastures, capture fisheries, aquaculture,
including historical changes in land-use
patterns.
Domesticated species and varieties: species
of crops livestock (including poultry), captivebred fish, pets, and micro organisms in ex-situ
collection and the genetic variation within
each of these species.
In general we may say that Biodiversity exist at a
various levels such as
species, genetic and habitat
Biodiversity
According
to
Convention
on
Biological
Diversity
(CBD),
biodiversity is “the variability among
all living organisms from all sources,
including, interalia, terrestrial, marine
and other aquatic ecosystems and
ecological complexes of which they
are part; this includes diversity within
species, between species and of
ecosystems”.
Biodiversity
Biological diversity is the central tenet of
nature, one of its key defining features.
Evolution has produced an amazing variety of
plants,
animals
and
micro-organisms,
intricately interconnected, and worthy of
respect and conservation in their own right.
Biodiversity is also the basis for the
continuous evolution of species. This
diversity is also the backbone of human
societies and cultures, in terms of the
ecological functions it provides and the
myriad survival and livelihood it meets.
Major events in Geological record
(the cosmic calendar)
Events
Years ago
Big bang & formation of Universe
4800 Million
Origin of life and evolution of biological
cells
3500 Million
Evolution of Blue green algae
3200 Million
Filamentous algae
2000 Million
Eukaryotic cells and photosynthetic cells
400 Million
Photosynthetic organisms – Thallophytes & 320 Million
fungi & land plants
Bryophytes : Mosses & Liverworts
300 Million
Tracheophytes: Club mosses (Lycopodium, 280 Million
Selaginella)
Major events in Geological record
Events
(the cosmic calendar Contd..)
Years ago
Gymnosperms : Cycadoides
280 Million
Ginkgos
250 Million
Conifers
250 Million
Angiosperms
100-125 Million
Ants
60 Million
Agriculture by Ants
50 Million
Homo habilis (Progenitor of
humans)
Homo sapiens (Humans)
2.5 Million
Agriculture by Humans
12000 Years
1.5 Million
Reasons for Conserving
Biodiversity
o Ethical
o Ecological
o Economic
o Aesthetic
o Evolutionary
WHAT IS BIOPROSPECTING?
• Exploration
of
biodiversity
commercially
valuable
genetic
biochemical resources.
for
and
– Eisner 1989, Reid et al, 1993.
• The
systematic search for genes, natural
compounds, designs and whole organisms
in wild life with a potential for product
development by biological observation, and
biophysical, biochemical and genetic
methods without disruption to nature.
– Nicolas Mateo et al., 2001.
Bioprospecting
Chemical Prospecting
Drugs and pharmaceuticals
Pesticides
Cosmetics
Food additives
Other industrially valuable
Chemical products
Gene Prospecting
Genetic engineering
Crop development
Fermentation
Cell culture
Bionic Prospecting
Designs
Sensor technologies
Architecture
Bioengineering
Biomodeling
Bioprospecting: Linkages and Leads
Biodiversity
& IK/TK
Biotechnology
Information
technology
Herbal
technology
Bioprospecting
Drug development
Pharmaceuticals
Agrochemistry
Cosmetics
Proteins
Conservation
Sustainable
use
Benefit
sharing
Bioinformatics
Enzymes
New crop varieties
GMOs
GM foods
IPR
Designs etc.
Genesis of the Global Concern
on Biodiversity
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
First discussed in 1972 U. N. Conference at Stockholm
U. N. General Assembly by a resolution on 15th
December 1972 established UNEP.
First Governing Council of UNEP met in 1973
identified Conservation of Nature, Wildlife and
Genetic Resources as Priority areas.
The World Commission on environment and
Development (WCED) was constituted in 1983.
WCED submitted its report ‘Our Common Future’ in
1987 called for Conservation of Biodiversity for
Sustainable Development.
Genesis of the Global Concern on
Biodiversity (Contd..)
 UNEP constituted an ad-hoc Working Group of
Technological and Legal experts to prepare an
international legal instrument for conservation
and sustainable use of Biodiversity which
resulted in ‘CONVENTION ON BIOLOGICAL
DIVERSITY’ (CBD).
• 171 countries signed CBD in June 1992
during the Earth summit at Rio de Janeiro.
 CBD came - into force as an International Law
on 29th Dec. 1993.
Genesis of the Global Concern on
Biodiversity (Contd..)
 India ratified CBD on 18th February 1994 and came
into force from 19th May 1994
 188 countries are now parties to CBD (as on January
2005)
 OBJECTIVES OF CBD
– Conservation of Biological Diversity
– Sustainable use of its components
– Fair and equitable use of the benefits
out of the utilization of genetic resources
arising
History and evolution of Patent & WTO regime
700 B.C.
Greece
Idea of Monopolistic Rights/Privilege
15th
Century
Italy
Patent introduced
1421
Republic of
Florence
First known patent grant by a “State” to an inventor
1474
Venice
Patent Ordinance
Great Britain
Granting rights and privileges to inventors by Queen
Elizabeth I
Great Britain
Statute of Monopolies proposing grant of exclusive
rights to inventors for new inventions for a period of
14 years.
1623*
* In 1623, Great Britain proposed granting exclusive rights for new inventions with a term of
14 years through an act of the Parliament, known as the Statute of Monopolies Act of 1623. It
was only towards the end of the eighteenth century and during the nineteenth century that
comprehensive patent statutes got formalized in various countries, including France and USA.
World Intellectual Property Organization
(WIPO) & World Trade Organization (WTO)
1883 A.D.
Paris Convention for the Protection of Industrial Property
1886 A.D.
Berne Convention for the Protection of Literary and Artistics Works
1891 A.D.
Madrid Agreement Concerning the International Registration of
Trademarks
1947 A.D.
Formation of General Agreement on Tariffs & Trade (GATT)
1958 A.D.
Lisbon Agreement for the Protection of Apellations of Origin and their
International Registration
1961 A.D.
Rome Convention for the Protection of Performers, Producers of
Phonograms and Broadcasting Organizations
1967 A.D.
Decision to form World Intellectual Property Organization (WIPO) by
UN
1970 A.D.
Patent Cooperation Treaty (PCT)
1994 A.D.
WIPO established WTO which administered the TRIPs
2005 A.D.
(1st Jan.)
TRIPs came into full force