Millions of people depend on biological (genetic) resources and traditional knowledge for their livelihoods. While the concept of an access and benefit sharing (ABS) regime is new, access to biological resources and transfer of associated traditional knowledge is centuries old.
Acess is obtaining and then utilization if genetic resources Benefit sharing is giving a portion of benefit obtained from utilization of genetic resources by users to the providers.
Acess is obtaining and then utilization if genetic resources Benefit sharing is giving a portion of benefit obtained from utilization of genetic resources by users to the providers.
The Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable...Bioversity International
Presentation by Kathryn Garforth, Secretariat of the CBD, at the Mutual Implementation of the Nagoya Protocol and Plant Treaty workshop, Addis Ababa, November 16th 2015.
explains about access to AnGR to benefits should be shared among users and providers and different national and international protocols governing them.
Convention on Biodiversity (CBD), Conference of the Parties (COP), COP 13 (Theme- Fisheries), Nagoya Protocol, Cartagena, Aichi Target, Sustainable Development Goals (SDGs), International Conventions (Biodiversity Related Conventions)
To regulate access to genetic resources and associated sharing arrangements, apart from developing policies and programmes on long term conservation and protection of biological resources and associated knowledge, the Biological Diversity Act, 2002 was enacted.
The National Biodiversity Authority (NBA) set up at Chennai on 1st October 2003 as per the provisions of the Biological Diversity Act, 2002 is mandated to facilitate implementation of the Act.
The Protection of Plant Varieties and Farmers’ Rights ActMahendra Pal
Intellectual property (IP) is a legal concept that includes copyrights, trademarks, patents, and related rights. Under intellectual property law, the holder of one these abstract "properties" has certain exclusive rights to the creative work, commercial symbol, or invention which is covered by it. In India, the Plant Variety Protection (PVP) and Farmers Rights Bill, 1999, proposes protection for all genera and species notified by the Central Government for a period of 15 and 18 years for herbaceous and woody species respectively subject to
the satisfaction of the NDUS ( Novelty, Distinctness, Uniformity and Stability)
criteria Protection is also extended to essentially derived varieties (EDVs). Researcher’s privilege is provided to ensure continuous improvement of varieties. Breeders from any country, honouring the principle of reciprocity, are permitted to apply for protection.
The Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable...Bioversity International
Presentation by Kathryn Garforth, Secretariat of the CBD, at the Mutual Implementation of the Nagoya Protocol and Plant Treaty workshop, Addis Ababa, November 16th 2015.
explains about access to AnGR to benefits should be shared among users and providers and different national and international protocols governing them.
Convention on Biodiversity (CBD), Conference of the Parties (COP), COP 13 (Theme- Fisheries), Nagoya Protocol, Cartagena, Aichi Target, Sustainable Development Goals (SDGs), International Conventions (Biodiversity Related Conventions)
To regulate access to genetic resources and associated sharing arrangements, apart from developing policies and programmes on long term conservation and protection of biological resources and associated knowledge, the Biological Diversity Act, 2002 was enacted.
The National Biodiversity Authority (NBA) set up at Chennai on 1st October 2003 as per the provisions of the Biological Diversity Act, 2002 is mandated to facilitate implementation of the Act.
The Protection of Plant Varieties and Farmers’ Rights ActMahendra Pal
Intellectual property (IP) is a legal concept that includes copyrights, trademarks, patents, and related rights. Under intellectual property law, the holder of one these abstract "properties" has certain exclusive rights to the creative work, commercial symbol, or invention which is covered by it. In India, the Plant Variety Protection (PVP) and Farmers Rights Bill, 1999, proposes protection for all genera and species notified by the Central Government for a period of 15 and 18 years for herbaceous and woody species respectively subject to
the satisfaction of the NDUS ( Novelty, Distinctness, Uniformity and Stability)
criteria Protection is also extended to essentially derived varieties (EDVs). Researcher’s privilege is provided to ensure continuous improvement of varieties. Breeders from any country, honouring the principle of reciprocity, are permitted to apply for protection.
The Nagoya Protocol, Poverty Alleviation and Climate Change: Conceptual LinkagesBioversity International
Presentation given by Andreas Drews and Lena Fey, ABS Capacity Development Initiative at the Mutual Implementation of the Nagoya Protocol and Plant Treaty Workshop, November 16th 2015, Addis Ababa
description on convention on biological diversity, different articles, conference of parties, global environment facility, cartagena protocol, CBD Act 2002, National Biodiversity Strategies and Action Plans (NBSAP)
Biotech Communications Workshop for Chinese Ministry of Agriculture and Triangle biotech professionals, Day 3
Presented by Todd Kuiken, GES Center, NC State University
Wednesday, 10/4/2017
Parker allie_Mobilising biodiversity data for science and policy in South Afr...Fatima Parker-Allie
Biodiversity Informatics in South Africa, as in other parts of the world, is a young and dynamic field of science, which translates into an enormous challenge for biodiversity scientists. Understanding mechanisms for information sharing in this landscape has been successful over time. The South African National Biodiversity Institute, houses the GBIF Node, and supports a knowledge-management platform, which makes biodiversity data freely and openly available. The South African Biodiversity Information Facility (SABIF) is a major publisher of biodiversity data, making >11.5 million biodiversity data records available, from a growing network of more than 15 organisations, to the global scientific community. Data standards such as the Darwin Core, and protocols such as TAPIR and the Integrated Publishing Toolkit have been used. Data sharing takes place through both funded and non-funded mechanisms, to initiate digitization activities. A comprehensive policy framework has also been put in place by SANBI, to enable data sharing which takes into account intellectual property rights, citations and sensitive data. The scope of data of types being mobilized is increasing through the Foundational Biodiversity Information Programme with species, specimens, observation, images and molecular data being mobilised, and made accessible. The Information Architecture is evolving to support these data types and to ensure that relevant data can be accessed efficiently in support of science, policy and decision making.
Protecting plant biodiversity: The ITPGRFA, genome sequencing and the relevan...FAO
The presentation includes information on the ITPGRFA's objectives, the Nagoya Protcol and its comparison with the treaty. Further information on connecting Genomics and other type of information with the Global Information System are also available in the presentation.
http://tiny.cc/FAO-COAG-GS
http;//www.fao.org
Publisher - Tushar Avinash Bagal
NMIMS SVKMS SAST Shirpur Campus (III Year) 05/04/2024
The Nagoya Protocol is an international agreement that establishes a framework for researchers to access genetic resources and share the benefits from their use.
It was adopted in Nagoya, Japan in 2010 and went into effect in 2014.
The protocol has been signed by over 50 countries, including the UK and the EU
The yak is one of the most enduring symbols of the high Himalayas. Whether you visit Tibet, Bhutan, India or Nepal, you will inevitably find tourist places with yaks for picture clicking and ride.
As the largest animal on the Tibetan plateau and its surrounding regions, the yak is a “flagship species”, and indicates the health of the ecosystem within which it lives.
DNA sequence analysis of a uniform target gene like the mitochondrial cytochrome oxidase subunit I (COI) to enable species identification has been referred to as “DNA Barcoding”, by analogy with the Universal Product Code (UPC) system barcodes used to identify manufactured goods.
DNA barcoding has the potential to be a practical method for identification of the estimated 10 million species of eukaryotic life on earth.
Microsatellite are powerful DNA markers for quantifying genetic variations within & between populations of a species, also called as STR, SSR, VNTR. Tandemly repeated DNA sequences with the repeat/size of 1 – 6 bases repeated several times
Indian act on IPRs, CBD, Copyright Act, 1957
The Patents Act, 1970
The Geographical Indications of Goods (Registration and Protection) Act, 1999
The Trade Marks Act, 1999
The Designs Act, 2000
The Semiconductor Integrated Circuits Layout-Design Act, 2000
Protection of Plant Varieties and Farmers' Rights Act, 2001
Biological Diversity Act, 2002
Genome annotation, NGS sequence data, decoding sequence information, The genome contains all the biological information required to build and maintain any given living organism.
The quality of data is very important for various downstream analyses, such as sequence assembly, single nucleotide polymorphisms identification this ppt show parameters for
NGS Data quality check and Dataformat of top sequencing machine
RNA Sequence data analysis,Transcriptome sequencing, Sequencing steady state RNA in a sample is known as RNA-Seq. It is free of limitations such as prior knowledge about the organism is not required.
RNA-Seq is useful to unravel inaccessible complexities of transcriptomics such as finding novel transcripts and isoforms.
Data set produced is large and complex; interpretation is not straight forward.
Earliest Galaxies in the JADES Origins Field: Luminosity Function and Cosmic ...Sérgio Sacani
We characterize the earliest galaxy population in the JADES Origins Field (JOF), the deepest
imaging field observed with JWST. We make use of the ancillary Hubble optical images (5 filters
spanning 0.4−0.9µm) and novel JWST images with 14 filters spanning 0.8−5µm, including 7 mediumband filters, and reaching total exposure times of up to 46 hours per filter. We combine all our data
at > 2.3µm to construct an ultradeep image, reaching as deep as ≈ 31.4 AB mag in the stack and
30.3-31.0 AB mag (5σ, r = 0.1” circular aperture) in individual filters. We measure photometric
redshifts and use robust selection criteria to identify a sample of eight galaxy candidates at redshifts
z = 11.5 − 15. These objects show compact half-light radii of R1/2 ∼ 50 − 200pc, stellar masses of
M⋆ ∼ 107−108M⊙, and star-formation rates of SFR ∼ 0.1−1 M⊙ yr−1
. Our search finds no candidates
at 15 < z < 20, placing upper limits at these redshifts. We develop a forward modeling approach to
infer the properties of the evolving luminosity function without binning in redshift or luminosity that
marginalizes over the photometric redshift uncertainty of our candidate galaxies and incorporates the
impact of non-detections. We find a z = 12 luminosity function in good agreement with prior results,
and that the luminosity function normalization and UV luminosity density decline by a factor of ∼ 2.5
from z = 12 to z = 14. We discuss the possible implications of our results in the context of theoretical
models for evolution of the dark matter halo mass function.
Salas, V. (2024) "John of St. Thomas (Poinsot) on the Science of Sacred Theol...Studia Poinsotiana
I Introduction
II Subalternation and Theology
III Theology and Dogmatic Declarations
IV The Mixed Principles of Theology
V Virtual Revelation: The Unity of Theology
VI Theology as a Natural Science
VII Theology’s Certitude
VIII Conclusion
Notes
Bibliography
All the contents are fully attributable to the author, Doctor Victor Salas. Should you wish to get this text republished, get in touch with the author or the editorial committee of the Studia Poinsotiana. Insofar as possible, we will be happy to broker your contact.
Seminar of U.V. Spectroscopy by SAMIR PANDASAMIR PANDA
Spectroscopy is a branch of science dealing the study of interaction of electromagnetic radiation with matter.
Ultraviolet-visible spectroscopy refers to absorption spectroscopy or reflect spectroscopy in the UV-VIS spectral region.
Ultraviolet-visible spectroscopy is an analytical method that can measure the amount of light received by the analyte.
Toxic effects of heavy metals : Lead and Arsenicsanjana502982
Heavy metals are naturally occuring metallic chemical elements that have relatively high density, and are toxic at even low concentrations. All toxic metals are termed as heavy metals irrespective of their atomic mass and density, eg. arsenic, lead, mercury, cadmium, thallium, chromium, etc.
Comparing Evolved Extractive Text Summary Scores of Bidirectional Encoder Rep...University of Maribor
Slides from:
11th International Conference on Electrical, Electronics and Computer Engineering (IcETRAN), Niš, 3-6 June 2024
Track: Artificial Intelligence
https://www.etran.rs/2024/en/home-english/
Professional air quality monitoring systems provide immediate, on-site data for analysis, compliance, and decision-making.
Monitor common gases, weather parameters, particulates.
Observation of Io’s Resurfacing via Plume Deposition Using Ground-based Adapt...Sérgio Sacani
Since volcanic activity was first discovered on Io from Voyager images in 1979, changes
on Io’s surface have been monitored from both spacecraft and ground-based telescopes.
Here, we present the highest spatial resolution images of Io ever obtained from a groundbased telescope. These images, acquired by the SHARK-VIS instrument on the Large
Binocular Telescope, show evidence of a major resurfacing event on Io’s trailing hemisphere. When compared to the most recent spacecraft images, the SHARK-VIS images
show that a plume deposit from a powerful eruption at Pillan Patera has covered part
of the long-lived Pele plume deposit. Although this type of resurfacing event may be common on Io, few have been detected due to the rarity of spacecraft visits and the previously low spatial resolution available from Earth-based telescopes. The SHARK-VIS instrument ushers in a new era of high resolution imaging of Io’s surface using adaptive
optics at visible wavelengths.
Deep Behavioral Phenotyping in Systems Neuroscience for Functional Atlasing a...Ana Luísa Pinho
Functional Magnetic Resonance Imaging (fMRI) provides means to characterize brain activations in response to behavior. However, cognitive neuroscience has been limited to group-level effects referring to the performance of specific tasks. To obtain the functional profile of elementary cognitive mechanisms, the combination of brain responses to many tasks is required. Yet, to date, both structural atlases and parcellation-based activations do not fully account for cognitive function and still present several limitations. Further, they do not adapt overall to individual characteristics. In this talk, I will give an account of deep-behavioral phenotyping strategies, namely data-driven methods in large task-fMRI datasets, to optimize functional brain-data collection and improve inference of effects-of-interest related to mental processes. Key to this approach is the employment of fast multi-functional paradigms rich on features that can be well parametrized and, consequently, facilitate the creation of psycho-physiological constructs to be modelled with imaging data. Particular emphasis will be given to music stimuli when studying high-order cognitive mechanisms, due to their ecological nature and quality to enable complex behavior compounded by discrete entities. I will also discuss how deep-behavioral phenotyping and individualized models applied to neuroimaging data can better account for the subject-specific organization of domain-general cognitive systems in the human brain. Finally, the accumulation of functional brain signatures brings the possibility to clarify relationships among tasks and create a univocal link between brain systems and mental functions through: (1) the development of ontologies proposing an organization of cognitive processes; and (2) brain-network taxonomies describing functional specialization. To this end, tools to improve commensurability in cognitive science are necessary, such as public repositories, ontology-based platforms and automated meta-analysis tools. I will thus discuss some brain-atlasing resources currently under development, and their applicability in cognitive as well as clinical neuroscience.
The ability to recreate computational results with minimal effort and actionable metrics provides a solid foundation for scientific research and software development. When people can replicate an analysis at the touch of a button using open-source software, open data, and methods to assess and compare proposals, it significantly eases verification of results, engagement with a diverse range of contributors, and progress. However, we have yet to fully achieve this; there are still many sociotechnical frictions.
Inspired by David Donoho's vision, this talk aims to revisit the three crucial pillars of frictionless reproducibility (data sharing, code sharing, and competitive challenges) with the perspective of deep software variability.
Our observation is that multiple layers — hardware, operating systems, third-party libraries, software versions, input data, compile-time options, and parameters — are subject to variability that exacerbates frictions but is also essential for achieving robust, generalizable results and fostering innovation. I will first review the literature, providing evidence of how the complex variability interactions across these layers affect qualitative and quantitative software properties, thereby complicating the reproduction and replication of scientific studies in various fields.
I will then present some software engineering and AI techniques that can support the strategic exploration of variability spaces. These include the use of abstractions and models (e.g., feature models), sampling strategies (e.g., uniform, random), cost-effective measurements (e.g., incremental build of software configurations), and dimensionality reduction methods (e.g., transfer learning, feature selection, software debloating).
I will finally argue that deep variability is both the problem and solution of frictionless reproducibility, calling the software science community to develop new methods and tools to manage variability and foster reproducibility in software systems.
Exposé invité Journées Nationales du GDR GPL 2024
2. Millions of people depend on biological (genetic) resources
and traditional knowledge for their livelihoods. While the
concept of an access and benefit sharing (ABS) regime is new,
access to biological resources and transfer of associated
traditional knowledge is centuries old.
ABS regimes facilitate access, thereby increasing the use of
biological resources and associated traditional knowledge,
while ensuring that the benefits are shared with the
traditional owners.
12/21/2017 ICAR-NBAGR KARAN VEER SINGH
3. What are genetic resources?
• All living organisms (plants, animals and microbes) carry genetic
material potentially useful to humans
• These resources can be taken from the wild, domesticated or cultivated
• They are sourced from:
– Natural environments (in situ)
– Human-made collections (ex situ)
(e.g. botanical gardens, genebanks, seed banks and microbial culture
collections)
Access means obtaining, possessing and using genetic resources, their
derived products, and where applicable, intangible components for
purposes of research, bio-prospecting, conservation, industrial application
or commercial use.
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4. Commercial use’ means any collection and use of genetic material for
profit making;
Genetic material’ means any genetic material of plant, animal, microbial
or other origin containing functional units of heredity;
‘Germplasm’ means genetic material capable of propagation;‘
Genetic resources’ means genetic material of actual or potential value;
‘Holotype’ means the single specimen chosen for designation of a new
species;
‘Intangible components’ means any information held by persons that is
associated with or regarding genetic resources within the jurisdiction of
India;
RELEVANT DEFINITIONS
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5. BENEFIT SHARING
Monetary benefits may include but are not limited to:
(i) Access fees/fee per sample collected or otherwise acquired;
(ii) Up-front payments;
(iii) Milestone payments;
(iv) Payments of royalties;
(v) License fees in case of commercialisation;
(vi) Special fees to be paid to trust funds supporting conservation and sustainable use
(vii) Salaries and preferential terms where mutually agreed;
(viii) Research funding;
(ix) Joint ventures; and
(x) Joint ownership of relevant intellectual property rights.
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6. Non-Monetary benefits may include, but are not limited to:
(i) Sharing of research and development results;
(ii) Collaboration, cooperation and contribution in scientific research &
development programmes, particularly biotechnological research
activities;
(iii) Participation in product development;
(iv) Admittance to ex situ facilities of genetic resources and to databases by
participating institutions;
(v) Transfer of genetic resources of knowledge and technology under fair &
most favourable terms, knowledge and technology that make use of
genetic resources, including biotechnology, or that are relevant to the
conservation and sustainable utilization of biological diversity;
(vi) Strengthening capacities for technology transfer
(vii) Institutional capacity building;
(viii) Human and material resources to strengthen the capacities for the
administration and enforcement of access regulations;
(ix) Training related to genetic resources with the full participation of country
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7. GAPS
• No clear provision of how benefits are to be
distributed to local community (what is fair and
equitable?)
•Do the regulations cover biological resources as well?
•No standard form/provisions of the contents of PIC
and MTA – this may cause confusion to
providers/owners and users as this is a new issue for
the country
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8. STRENGTHS
• Participatory and consultative process that was used
to develop regulations
•Comprehensive framework to regulate genetic
resources and benefit sharing
•Harmonized both regional and international (Bonn
Guidelines) laws on ABS.
•Clear provision for mandatory PIC and MTA to ensure
that the providers/owners receive benefits.
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12. The Nagoya Protocol on Access to Genetic Resources and the Fair and
Equitable Sharing of Benefits Arising from their Utilization (ABS) to the
Convention on Biological Diversity is a supplementary agreement to the
Convention on Biological Diversity.
• It provides a transparent legal framework for the effective
implementation of one of the three objectives of the CBD: the
fair and equitable sharing of benefits arising out of the
utilization of genetic resources.
• The Nagoya Protocol on ABS was adopted on 29 October 2010
in Nagoya, Japan and entered into force on 12 October 2014.
Its objective is the fair and equitable sharing of benefits
arising from the utilization of genetic resources, thereby
contributing to the conservation and sustainable use of
biodiversity.
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13. • The Nagoya Protocol applies to genetic
resources that are covered by the CBD, and to
the benefits arising from their utilization.
• The Nagoya Protocol also covers traditional
knowledge (TK) associated with genetic
resources that are covered by the CBD and the
benefits arising from its utilization.
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14. • The Nagoya Protocol addresses traditional knowledge
associated with genetic resources with provisions on
access, benefit-sharing and compliance.
• It also addresses genetic resources where indigenous and
local communities have the established right to grant
access to them.
• Contracting Parties are to take measures to ensure these
communities’ prior informed consent, and fair and
equitable benefit-sharing, keeping in mind community
laws and procedures as well as customary use and
exchange
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15. Tools and mechanisms to assist
implementation
• The Nagoya Protocol’s success will require effective implementation at the domestic level. A range
of tools and mechanisms provided by the Nagoya Protocol will assist contracting Parties including:
• Establishing national focal points (NFPs) and competent national authorities (CNAs) to serve as
contact points for information, grant access or cooperate on issues of compliance
• An Access and Benefit-sharing Clearing-House to share information, such as domestic regulatory
ABS requirements or information on NFPs and CNAs
• Capacity-building to support key aspects of implementation. Based on a country’s self-assessment
of national needs and priorities, this can include capacity to
– Develop domestic ABS legislation to implement the Nagoya Protocol
– Negotiate MAT
– Develop in-country research capability and institutions
• Awareness-raising
• Technology Transfer
• Targeted financial support for capacity-building and development initiatives through the Nagoya
Protocol’s financial mechanism, the Global Environment Facility (GEF)
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17. Awareness-raising
• Article 21 of the Nagoya Protocol provides that each Party shall take
measures to raise the awareness of the importance of genetic resources and
traditional knowledge associated with genetic resources, and related access
and benefit-sharing issues. It also provides a list of such measures.
• Communication, education and public awareness are central to an effective
implementation of the Nagoya Protocol. Therefore, effective implementation
of Article 21 of the Nagoya Protocol plays a critical role for its overall success.
• In this context, the first meeting of the COP-MOP in decision NP-1/9 adopted
an Awareness-raising Strategy for the Nagoya Protocol on Access and Benefit-
sharing which aims at providing a systematic and coherent approach to assist
Parties in the implementation of Article 21.
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18. Capacity-building and development
• Article 22 of the Nagoya Protocol provides that
Parties shall cooperate in the capacity-building,
capacity development and strengthening of
human resources and institutional capacities to
effectively implement the Protocol in developing
country Parties and Parties with economies in
transition.
• Parties are required to fully take into account the
needs of involvement of indigenous and local
communities and relevant stakeholders.
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19. Compliance with the Protocol
• Article 30 of the Nagoya Protocol provides that the first meeting of
the Conference of the Parties serving as the meeting of the Parties
to the Nagoya Protocol (COP-MOP) shall consider and approve
cooperative procedures and institutional mechanisms to promote
compliance with the provisions of the Protocol and to address cases
of non-compliance. These procedures and mechanisms shall include
provisions to offer advice or assistance, where appropriate. They
shall be separate from, and without prejudice to, the dispute
settlement procedures and mechanisms under Article 27 of the
Convention.
• Compliance procedures are a common feature of many multilateral
environmental agreements. In general terms, they are intended to
support compliance with a treaty and facilitate or assist the Parties
to the treaty to implement their obligations.
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20. Global multilateral benefit-sharing mechanism
(Article 10)
• Article 10 of the Protocol states that “Parties shall consider the need for
and modalities of a global multilateral benefit-sharing mechanism to
address the fair and equitable sharing of benefits derived from the
utilization of genetic resources and traditional knowledge associated with
genetic resources that occur in transboundary situations or for which it is
not possible to grant or obtain prior informed consent. The benefits
shared by users of genetic resources and traditional knowledge associated
with genetic resources through this mechanism shall be used to support
the conservation of biological diversity and the sustainable use of its
components globally.”
• Article 10 addresses issues that could not be resolved during the
negotiation of the Protocol and for which further discussion was required.
Through online discussions and expert meetings, the Parties have been
exploring the different aspects of Article 10, identifying areas of common
understanding and areas where further examination is necessary.
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21. Model contractual clauses, codes of conduct,
guidelines and best practices and/or standards
• Articles 19 and 20 of the Protocol require each Party to
encourage, as appropriate, the development, update
and use of sectoral and cross-sectoral model
contractual clauses for mutually agreed terms, and
voluntary codes of conduct, guidelines and best
practices and/or standards in relation to access and
benefit-sharing. Furthermore, the Conference of the
Parties serving as the meeting of the Parties to the
Protocol (COP-MOP) shall periodically take stock of the
use of these tools and consider the adoption of specific
codes of conduct, guidelines and best practices and/or
standards.
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22. Bonn Guidelines
• A major achievement of COP VI was the adoption of
the Bonn guidelines on access to genetic resources and
the fair and equitable sharing of the benefits arising
from their utilization (see Decision VI/24).
• The Guidelines were recognized as a useful first step of
an evolutionary process in the implementation of
relevant provisions of the Convention related to access
to genetic resources and benefit-sharing. They will be
kept under review by the COP and the need for their
further refinement will be considered on the basis of
relevant developments under the Convention,
including those on issues such as traditional knowledge
and technology transfer.
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23. • WIPO Contracts Database and Draft Guidelines
• This on-line, searchable database of biodiversity-
related Access and Benefit-Sharing Agreements is
available on the WIPO website, with a particular
emphasis on the intellectual property aspects of
such agreements.
• Draft Intellectual Property Guidelines for Access
to Genetic Resources and Equitable Sharing of
the Benefits arising from their Utilization
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24. Existing instruments, guidelines, codes of conduct
and tools addressing ABS
• Different types of genetic resources (e.g.: animal, plant,
microorganisms) are used by different types of users (e.g.:
botanic gardens, academic researchers, private companies)
for different purposes (research, commercialization) in a
variety of sectors (e.g.: agriculture, pharmaceutical,
horticultural, cosmetics, biotechnology).
• The following provides an overview of instruments,
guidelines, codes of conducts, policies and other tools
developed for different types of users of genetic resources
to assist with the implementation of the access and
benefit-sharing provisions of the Convention by responding
to the particular needs of their constituents.
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25. Agricultural sector
• The International Treaty on Plant Genetic Resources for Food
and Agriculture (ITPGRFA) 2004: is an international agreement
with the overall goal of supporting sustainable agriculture and
global food security, allows governments, farmers, research
institutes and agro-industries to work together by pooling their
genetic resources and sharing the benefits derived from their
use. Facilitated access is granted for the first time at the
international level through its Multilateral System and its
Standard Material Transfer Agreement to 35 food crops as well as
29 genera forages listed in the Treaty. The fair sharing of benefits
arising from the use of these resources is also granted in a
multilateral way thanks to the Funding Strategy and the financing
of small scale projects, particularly in developing countries.
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26. • International Code of Conduct for Plant Germplasm Collecting
and Transfer aims to promote the rational collection and
sustainable use of genetic resources, to prevent genetic erosion,
and to protect the interests of both donors and collectors of
germplasm. Among other elements, it sets out minimum
responsibilities of collectors, sponsors, curators and users of
collected germplasm, in the collection and transfer of plant
germplasm. The Code is addressed primarily to governments and
is to be implemented in harmony with the Convention on
Biological Diversity and other legal instruments protecting
biological diversity or parts of it. The Code, a voluntary one, was
adopted by the FAO Conference in 1993, and negotiated through
what is now the Commission on Genetic Resources for Food and
Agriculture, which also has the responsibility to oversee its
implementation and review.
Agricultural sector
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27. Micro-organisms culture collections
• Micro-organisms Sustainable Use and Access Regulation
International Code of Conduct (MOSAICC)
With respect to microbial genetic resources, the
MOSAICC was developed by the Belgian Coordinated
Collections of Micro-organisms (BCCM) in 1997, with the
support of the European Commission.
It is a voluntary code of conduct which covers the terms
of access to microbial genetic resources, including the
terms of agreement on benefit-sharing, access to and
transfer of technology, scientific and technical
cooperation as well as technology transfer.
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28. Significance of TK Protection
TK valuable in global economy,
Important for biotechnology based industries industry and
agriculture,
Traditional societies depend on it for their food and
healthcare needs,
Important for conservation and sustainable development
of environment and management of biodiversity,
Food security of the country is linked to protection of TK
Need to enable tribal communities to harness TK for their
economic uplift and growth Fast mobility of tribal societies
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29. Large array of reported cases on misappropriation/biopiracy of
TK
Patents on natural products – neem, turmeric,
Basmati rice, Hoodia cactus, African potato,
ayahuasca, may apple
Infringement of many artistic works of
indigenous people of Africa, Australia
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30. International Initiatives for Protection of TK
CBD – Art. 8(j); Bonn Guidelines on Access and Benefit Sharing
related to GRs
WIPO – IGC (working since 2000); Efforts of PCT, IPC Revised
Draft Provisions for the Protection of TK, two sets of Draft
provisions – TCEs & TK
WTO/TRIPS –
Art. 27(3)(b)
Art. 70(3)
Art. 71(1)
Doha Declaration-para 19 and 32
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31. FAO – ITPGRFA
UNCTAD
ILO Convention - No. 169 of 1989
UN Sub-Committee on the Protection and Promotion of
Human Rights – Working Group on Indigenous
Populations
UN Convention to Combat Desertification
IGC Draft provisions list the issues to be considered by
policy makers while considering the form and means of
protection at national, regional and international level
International Organisations
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32. SUMMARY OF INTERNATIONAL INITIATIVES
• Predominant View for devising a Sui Generis regime for TK
Protection
• Emphasis mainly on the IP protection which promotes the
marketable technology/product only, holistic character of TK
difficult to protect
• Demands of Developing Countries now mainly centered on the
following Two Issues:
– Patent applicant must disclose the country and source of origin
of biological material and TK;
– Patent applicant must provide evidence on compliance with
the country of origin’s laws on PIC and benefit sharing
India has moved for an amendment of Art. 29 of TRIPS along with
other countries in this respect.
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33. Developed Countries’ prefer-
Bilateral contracts; and
Databases and Registers on TK – non-accrual of
economic benefits are not addressed by databases;
only TK in the public domain is listed;
part of defensive protection, little role in positive
protection of TK;
static and rigid - not conducive for dynamic character of
TK; may fuel further piracy.
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34. National/Regional Initiatives
• So far 24 National and 7 Regional initiatives have
been taken for TK protection
• Most of them have the CBD approach
• EU approach on indication of source (Recital 27 of
Biotechnology Directive)
• There is a wide variation in the scope and extent of
protection- covering community and farmers’ rights
in some cases, e.g. Model law for Africa
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35. PROTECTION OF TK TO SAARC REGION
• SAARC countries are: Bangladesh, Bhutan, India,
Maldives, Nepal, Pakistan and Sri Lanka.
• SAARC Region is rich in TK and had been subjected to
misappropriation and bio-piracy of its TK in the past
• Rich in biodiversity, much of it is used in traditional
manner
• Region has a predominantly common cultural traditions
and share tremendous commonality, requiring a joint
approach on TK protection
• Joint efforts necessary for defensive as well as positive
protection of TK
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36. SAARC-WIPO SUB-REGIONAL FORUM AND AGENDA FOR
TK PROTECTION
• Four meetings of the Forum: Colombo (1998),
Kathmandu (1999), Dhaka (2001) and Thimpu (2002),
and an Expert workshop in New Delhi (2003)
• Preservation and promotion of TK was identified as
one of the areas of cooperation in 1998
• The Third SAARC-WIPO Forum (2001)outlined the
strategy on TK protection with particular emphasis
on:
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37. Collective ownership of TK
Documentation of TK, establishing systems for access
and benefit sharing in relation to GRs, creation of a
community knowledge fund for these purposes, and
human resource development
Proposed model legislation on TK, mechanisms,
contractual terms and practices, regulating access to and
benefit sharing in GRs, protection and conservation - a
model relevant for international protection of TK
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38. Documentation of TK ,including folklore
Common stand at the IGC meetings
Use of information technology for effective and
coordinated enforcement of IPRs (including TK); and to
designate focal points for coordination and follow-up
Agreed to build synergies on
collective action for the enforcement
IPRs on a sub-regional basis
Coordinated program for Regional Action
Fourth Meeting of the Forum Reiterated the decisions of the
Third Forum with the addition of preparing an inventory on TK,
particularly on known medicinal plants/their knowledge
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39. Objectives of the protection
- prevent the misappropriation of TK
- ensure PIC and benefit sharing
- ensuring the distribution of benefits
- conservation of biodiversity
- rewarding innovations based on TK
The draft highlights:
• Role of Governments in positive protection
• Access Mechanism for TK
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40. Main premise of Protection:
Bonn Guidelines
Capacity building of indigenous/ local people
Access for non-commercial and educational purposes
•Modes of protection of TK : sui generis regime,
customary law, contractual terms, common law principles,
land laws etc.
•Identifying the national measures to preserve TK and
traditional ways of life , values and legal structure –
recognition of customary laws and protocols
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41. DATABASES ON TK
Databases require in-puts on the following:
• Policy directions on the purpose of databases
• Involvement of the indigenous communities
• Consultation with the stakeholders
• Choice of mechanism of documentation
• Necessary Measures during documentation and after
documentation for continuous updating
India and Pakistan provide provisions under their laws.
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42. National Attempts to Protect TK - India
• India: 3 Acts relevant on the issue
• Patents (Amendment) Act, 2005
• Protection of Plant varieties and Farmers’ Rights Act, 2001
• Biological Diversity Act, 2002- contains elaborate provisions
on benefit sharing but weak in prior informed consent and
involvement of communities in decision-making
Recently to protect the rights of tribals, the Government has
introduced a bill – Scheduled Tribes (Recognition of Forest
Rights) Bill, 2005; cleared by the Cabinet
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43. Patents (Amendment) Act
– Makes biological processes as patentable, including
biochemical, biotechnological and microbiological
processes (sec. 5).
– Microorganisms are patentable (sec. 3(j)).
– For patent on biological material, specifications must
disclose the source and geographical origin of the
biological material used in the invention (sec. 10(d)).
– Non-disclosure a ground for opposition of the patent (sec.
25)
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44. Patents (Amendment) Act
– A patent is refused or revoked for giving wrong
information about the source of geographical origin of
biological material (sec. 64(p)(q)).
– Plant varieties or essentially biological processes are non-
patentable (sec.3).
– An invention which, in effect, is traditional knowledge or
which is an aggregation or duplication of known properties
of traditionally known component/s is also non-patentable
(sec.3 (p)).
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45. Protection of Plant Varieties and Farmers’ Rights Act, 2001
• Makes provisions for benefit-sharing and
compensation for traditional, rural and tribal
communities.
• Creates a nodal body – Plant Varieties and Farmers’
Rights Protection Authority at the national level.
• Provides for a National Gene Fund.
• Authority is empowered to determine the benefit
sharing for individuals or groups when a protected
variety is developed, using their genetic material.
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46. Protection of Plant Varieties and Farmers’ Rights Act, 2001
• Amount of compensation dependent upon the
extent and use of their genetic material and the
commercial utility of the variety.
• Amount from the benefit sharing will be credited in
the Gene Fund, village community be paid out of it
for conservation and sustainable use of GRs
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47. Biological Diversity Act, 2002
– Gives effect to the mandate of CBD and to some
extent PGRFA Treaty.
– Addresses generally issues of biodiversity
management, and PGR management in particular.
– Main focus is to address the issue of bio-piracy
and to protect, respect and conserve TK related to
PGRs of local people.
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48. Biological Diversity Act, 2002
– Nodal Agency – National Biodiversity Authority;
– State Biodiversity Boards, Biodiversity
Management committees are also created
– Biodiversity Funds at central, state and local
levels.
• To check bio-piracy, access to PGRs is regulated.
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49. Main Provisions of the Act
Act provides for the prior approval of the NBA:
• by foreign individuals, companies or associations to obtain any
biological resources occurring in India or knowledge thereto for
research, commercial utilization, bio-survey or bio-utilization.
• Transfer of research result relating to these resources, publication of
research papers etc. is exempted; collaborative research projects also
exempted; if guidelines are followed.
• Prior permission is also required if inventor seeking any kind of IPR in
or outside India of an invention based on biological research or
information on a biological resource obtained from India.
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50. Documentation of bio-diversity TKDL
the Bio-diversity Management Committees (at local level) are
entrusted with the documentation of bio-diversity – in order
to monitor and protect bio-resources to curb bio-piracy and
effectively challenge the IPRs granted in foreign jurisdictions.
Varied private experiments in documentations are already
underway – open registers and close registers modes exist
Other successful peoples’ biodiversity registers are Shristi and
Honey bee.
Case of Arogyapacha
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51. TKDL
The Government of India has prepared a Traditional
Knowledge Digital Library (TKDL) on TK about medicinal
plants, to ward off incidence of piracy, containing 36,000
formulations used in Ayurveda, Unani, Siddha - Indian
system of medicine, from 14 ancient books.
1,60,000 have been further transcribed
Access to TKDL regulated through “Access Agreement”,
confidentiality to be maintained, TKDL information use is
limited to patent search and examination
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52. Grey Areas
• Guidelines and framework on benefit sharing are yet to be
framed.
• Clearly establishes that creators and holders of TK do not
have property rights over their knowledge – but IPRs for
community fraught with some difficulties, both in
enforcement and grant.
• Biological Diversity Rules, 2004 framed. Act in force.
• Not clear whether the reward will be monetary or non-
monetary or both; whether monetary reward will be one-
time payment etc.
• No machinery provided for disputes resolution on ABS.
• Mode of benefit sharing and the identification of probable
stake-holders and distribution of benefit are fraught with
many problems.
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53. • No definition of TK is attempted.
• The Act outlines the framework of benefit-sharing when the foreign party
is involved
The Government’s approach in India towards IPRs and biological resources
is CBD – centric
– Actual operation of these legislations is yet to be seen
– Fine-tuning on benefit sharing is yet to be done
– Main efforts presently confined to check bio-piracy
– Mandatory disclosure of source pertaining to biological resources and
knowledge thereto in patent application has put in place
On ABS, an international framework is necessary to facilitate the flow
of PGRs.
Grey Areas
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54. Conclusion
• The three legislations provided ample scope to check the
misappropriation of TK- part of defensive protection
• Action is required for positive protection
• The effect of the Acts is yet to be seen, number of bodies
may not be working in unison
• A holistic approach to protect TK is required, for the
capacity building of the societies
• At regional/international level mutual recognition and
reciprocity in enforcement of TK important, which is yet
to be devised
• TKDL/documentation important but not the solution for
TK protection
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