from biopiracy to biocultural ethics Kelly Bannister Biodiversity and Traditional Knowledge: POLIS Project at the Centre for Global Studies

Similar documents
DRAFT REPORT. EN United in diversity EN 2012/2135(INI)

ACCESS TO GENETIC RESOURCES AND ASSOCIATED TK AND ITS RELEVANCE TO THE INTERNATIONAL ABS REGIME- SOME VIEWS AND POSSIBLE OPTIONS

NHM ABS Training: 1. Access and Benefit-Sharing and the Nagoya Protocol. Chris Lyal

ACCESS TO GENETIC RESOURCES AND THE FAIR AND EQUITABLE SHARING OF BENEFITS ARISING FROM THEIR UTILIZATION

Protecting Traditional Knowledge: A framework based on Customary Laws and Bio-Cultural Heritage

Implementation of ABS Mechanism in India. Hem Pande India

INDIGENOUS PEOPLES' PLAN OF IMPLEMENTATION ON SUSTAINABLE DEVELOPMENT

ASSESSMENT AND REVIEW OF THE EFFECTIVENESS OF THE PROTOCOL (ARTICLE

INTERGOVERNMENTAL COMMITTEE ON INTELLECTUAL PROPERTY AND GENETIC RESOURCES TRADITIONAL KNOWLEDGE AND FOLKLORE

Intellectual Property Laws Amendment Bill

CBD. Distr. GENERAL. CBD/COP/DEC/XIII/18 17 December 2016 ORIGINAL: ENGLISH

A SUBMISSION TO THE DEPARTMENT OF SUSTAINABILITY, ENVIRONMENT, WATER, POPULATION AND COMMUNITIES SHOULD AUSTRALIA SIGN THE NAGOYA PROTOCOL?

INTERACTIVE DIALOGUE LIVING IN HARMONY WITH NATURE

PROTECTING TRADITIONAL MEDICINAL KNOWLEDGE AND ASSOCIATED KNOWLEDGE HOLDERS THROUGH ACCESS & BENEFIT SHARING MODEL: AN INDIAN PERSPECTIVE

Submission of the Group of Like-Minded Megadiverse Countries in the context of WG-ABS 8

Note by the Executive Secretary

The ABS Capacity Development Initiative

EVOLUTION OF THE LEGAL ENVIRONMENT OF PLANT BREEDERS RIGHTS.

11 th Session of the Permanent Forum on Indigenous Issues

Guidelines on Access to Genetic Resources For Users in Japan

GENEVA INTERGOVERNMENTAL COMMITTEE ON INTELLECTUAL PROPERTY AND GENETIC RESOURCES, TRADITIONAL KNOWLEDGE AND FOLKLORE

NATIONAL ENVIRONMENTAL MANAGEMENT LAWS AMENDMENT BILL

The Protection of Traditional Knowledge:

MATTERS CONCERNING THE INTERGOVERNMENTAL COMMITTEE ON INTELLECTUAL PROPERTY AND GENETIC RESOURCES, TRADITIONAL KNOWLEDGE AND FOLKLORE (IGC)

PROTECTION OF TRADITIONAL CULTURAL EXPRESSIONS: KENYA S PRACTICAL EXPERIENCES, INITIATIVES AND PROJECTS 1. DIGITIZING TRADITIONAL CULTURE IN KENYA

A Knowledge Commons Framework for the Governance of Bioprospecting Relationships. Aman Gebru. Benjamin N. Cardozo Law School

CBD. UN Convention on Biological Diversity-

The Evolving Legal Regime on Marine Biodiversity Beyond Areas of National Jurisdiction

Government Gazette REPUBLIC OF SOUTH AFRICA

3. INTELLECTUAL PROPERTY POLICY & LEGAL FRAMEWORK

National Biodiversity Authority UNEP GEF MoEF ABS Project

SUMMARY. Geneva, Switzerland

The Evolution of Benefit Sharing: Linking Biodiversity and Community Livelihoods

Access and Benefit Sharing. Key provisions of the Biological Diversity Act, 2002 and Rules, 2004

Clinical Trial Research Agreement

Introduction and overview to the special issue on biodiversity conservation, access and benefitsharing and traditional knowledge

INTERGOVERNMENTAL COMMITTEE ON INTELLECTUAL PROPERTY AND GENETIC RESOURCES TRADITIONAL KNOWLEDGE AND FOLKLORE

AU GUIDELINES FOR A COORDINATED IMPLEMENTATION OF THE NAGOYA PROTOCOL ON ABS: AN UPDATE

It has been almost six years

Legal Studies. Stage 6. Syllabus

FACILITATING PRIOR INFORMED CONSENT In the Context of Genetic Resources and Traditional Knowledge 1

CONFERENCE OF THE PARTIES SERVING AS THE MEETING OF THE PARTIES TO THE CARTAGENA PROTOCOL ON BIOSAFETY Eighth meeting

INTERFACE BETWEEN INTELLECTUAL PROPERTY RIGHTS, TRADITIONAL KNOWLEDGE & HUMAN RIGHTS

Possibilities and Limitations for a Biocultural Protocol(s)

Environmental Management and Conservation (Amendment) Act 2010

WORLD INTELLECTUAL PROPERTY ORGANIZATION GENEVA

Protection of Traditional Knowledge of Indigenous Peoples: The Peruvian Experience

GENEVA INTERGOVERNMENTAL COMMITTEE ON INTELLECTUAL PROPERTY AND GENETIC RESOURCES, TRADITIONAL KNOWLEDGE AND FOLKLORE

Statement of. Prof. Dr. Balthasar Kambuaya, MA. The State Minister of Environment. for

Protecting Community Rights over Traditional Knowledge: Implications of Customary Laws and Practices

THE PATENT LAW 1. GENERAL PROVISIONS. Article 1. This Law shall regulate the legal protection of inventions by means of patents.

Facilitating International Cooperation for the Protection of Traditional Knowledge: The Relevance of Mutual Recognition Agreements

Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore

Biocultural Protocol. of the Kukula Traditional Health Practitioners Association

INDIGENOUS PEOPLES INTELLECTUAL AND REAL PROPERTY: FREE PRIOR INFORMED CONSENT

CBD. Distr.: GENERAL. UNEP/CBD/ABS/A10/EM/2016/1/1/Add.1 14 December 2015 ENGLISH ONLY

WIPO IGC Seminar 26 May Susan H. Bragdon, Representative, Food & Sustainability, Quaker United Nations Office

Principles & Protocols for Research About First Nations Children and Communities in Canada

Intellectual Property and Seed: Concerns & Caveats

Please provide to following details on the origin of this report on benefit sharing Contracting Party National Focal Point. and Water Management

SCIENCE & TECHNOLOGY DEVELOPMENT FUND (STDF)

ORGANIZATIONAL MATTERS

TECHNICAL NOTES. Bridging the Time and Tide Traditional Knowledge in the 21 st Century Sunita K Sreedharan

Southern Africa Network for Biosciences. Traditional Knowledge and Plant Genetic Resources Guidelines

Experiences and Lessons Learned from the Development and Implementation of Community Protocols and Procedures

Protecting Community Rights over Traditional Knowledge: Implications of Customary Laws and Practices

Summary of Saskatoon Symposium and Focus Group

2. In conjunction with indigenous peoples, States shall take effective measures to recognize and protect the exercise of these rights.

The Protection of Traditional Knowledge: Draft Articles. Facilitators Rev. 2 (December 2, 2016)

Co-generation of Ecosystem Services by Nature and Indigenous Peoples / TKs Guidelines

FINAL REPORT OF THE REGIONAL CONSULTATIONS FOR LATIN AMERICA AND THE CARIBBEAN COUNTRIES ON ACCESS AND BENEFIT-SHARING

Reco_nizin_. 9. UNESCO's mandate is the promotion of science, education and culture,

KLUWER LAW INTERNATIONAL. Traditional Knowledge, Traditional Cultural Expressions and Intellectual Property Law in the Asia-Pacific Region.

The relevance of traditional knowledge to intellectual property law

Training Workshop on Trade, Biodiversity and Sustainable Development October 29-31, 2003, Beijing China

PROCEEDINGS OF THE WORKSHOP FOR DEVELOPING PRINCIPLES FOR SUI GENERIS, NATIONAL POLICIES AND LEGISLATION FOR INTELECTUAL PROPERTY PROTECTION THAT

United Nations Expert Mechanism on the Rights of Indigenous Peoples (EMRIP) study on free, prior and informed consent

BIOPROSPECTING AND INTELLECTUAL PROPERTY RIGHTS ON AFRICAN PLANT COMMONS AND KNOWLEDGE: A NEW FORM OF COLONIZATION VIEWED FROM AN ETHICAL PERSPECTIVE

ACCESS and USE of Plant Genetic Resources under the Nagoya Protocol A SEED SAVER S DIGEST

Nagoya, ABS and Dispute Resolution N.L.S I.U. Addressing the space of Private International Law. Sai Ramani Garimella Faculty of Legal Studies

LEGAL ASPECTS OF SUSTAINABLE NATURAL RESOURCES LEGAL WORKING PAPER SERIES

Universal Declaration on Bioethics and Human Rights *

Enforcement of Plant Variety IPR in the U.S.

INTELLECTUAL PROPERTY RIGHTS IN PLANT VARIETIES: AN OVERVIEW WITH OPTIONS FOR NATIONAL GOVERNMENTS

ADOPTION OF THE AGENDA AND ORGANIZATION OF WORK 5. The meeting adopt the agenda as contained in document UNEP/CBD/CSAB/1/2.

The Protection of Traditional Knowledge and Traditional Cultural Expressions with a Special Focus on the Traditional in Iranian Handmade Carpets

Traditional knowledge lato sensu

CBD - Nagoya Protocol the global perspectives and its relevance in Nepal

Unraveling the Nagoya Protocol

Information Note 1. for IGC 34 DISCUSSIONS UNDER AGENDA ITEM 8 TAKING STOCK OF PROGRESS AND MAKING A RECOMMENDATION TO THE GENERAL ASSEMBLY

Protecting traditional knowledge in Africa: Considering African approaches

GRAIN TRIPs versus CBD

CBD. Distr. GENERAL. CBD/WG8J/10/2 11 September 2017 ORIGINAL: ENGLISH

Ref.: SCBD/MPO/AF/DAIN/FD/ December 2017 N O T I F I C A T I O N

VOLUNTARY GUIDELINES FOR THE REPATRIATION OF TRADITIONAL KNOWLEDGE

TRADE AND ENVIRONMENT A RESOURCE BOOK. Intellectual Property Rights. David Vivas-Eugui and Heike Baumüller

Great Barrier Reef Marine Park and Other Legislation Amendment Act 2008

Chapter 2 Beyond the CBD and the Nagoya Protocol: Other Instruments that Affect ABS and Intellectual Property

REVISED ANNOTATIONS TO THE PROVISIONAL AGENDA. Note by the Executive Secretary

CBD. Distr. GENERAL. CBD/COP/14/1/Add.2 18 September 2018 ORIGINAL: ENGLISH

Transcription:

Biodiversity and Traditional Knowledge: from biopiracy to biocultural ethics Kelly Bannister POLIS Project at the Centre for Global Studies CFGS - POLIS

Presentation in an nutshell Focus: biological diversity & traditional knowledge Global concerns about bioprospecting Impacts on the discipline of ethnobiology Influence on contemporary research ethics theory, policy and practice Informing our understandings of how to treat one another across diverse social, cultural, economic, political and geographic borders.

Western drug hunters are swarming over the globe hoping to gain wisdom from non-western healers and medicines from non-western plants. SECRETS OF THE S H A M A N S By Mary Roach PHOTOGRAPHS BY PHILI-LORCA BICORCIA No one comes to Olosega, Samao, for a vacation. The island is a thin two miles wide, with no hotels or restaurants. The village store stocks six varieties of tinned corn beef and scant else. To get from the airstrip, either you walk or make arrangements with the local school bus driver. It s classic Third world tropics: the rain comes in torrents; the shower, in trickles. Few white folks come to Olosega at all. This morning s flight, however, brings a motley six-pack: Brigham Young University Paul Cox, DISCOVER 58 NOVEMBER 1993

Biodiversity prospecting (Reid et al 1993) the exploration of biodiversity for commercially valuable genetic resources and biochemicals. Biopiracy (Pat Mooney, ETC Group) the appropriation of the knowledge and genetic resources of farming and indigenous communities by individuals or institutions seeking exclusive monopoly control (usually patents or plant breeders' rights) over these resources and knowledge.

Whatever the will and wishes of those involved, there is no bioprospecting. There is only biopiracy. Pat Mooney (2000: 37) Why We Call It Biopiracy in H. Svarstad and S. Dhillion (eds), Bioprospecting: From Biodiversity in the South to Medicines in the North.

Most of the harm in the world is done by good people, and not by accident, lapse, or omission. It is the result of their deliberate actions, long persevered in, which they hold to be motivated by high ideals toward virtuous ends. Isabel Paterson (1943: 235) The God of the Machine

Key Issues Justice/fairness Permission/consent Access Control Ownership/rights to cultural and intellectual property Cultural responsibilities Accuracy/due credit Equity/reciprocity Benefits (tangible/intangible) from use Prevention of harms from misuse

Responses Political activism e.g., media, political pressure Legal (Western, Indigenous) e.g., IPR regime, customary law Policy (international, domestic, local) e.g., Nagoya Protocol on ABS (2010) Ethical guidance (local to international) e.g., Ethical codes Biocultural ethics

Biocultural Ethics (Relational ethics, ecological ethics, global ethics, Indigenous ethics) Biocultural ethics [involves] recovering the vital links between biological and cultural diversity, between the habits and the habitats of the inhabitants. These links are acknowledged by early Western philosophy, Amerindian traditional ecological knowledge, and contemporary ecological and evolutionary sciences, but have been lost in prevailing modern ethics. Ricardo Rozzi (2012). Biocultural Ethics Environmental Ethics 34 (1): 27-34.

Biocultural Ethics research - education - policy - action Past contributions by POLIS: Clayoquot community code of conduct for researchers (2003, 2005) CIHR guidelines for Aboriginal health research (2007) Tri-Council Policy Statement 2 nd Ed, Ch. 9 (2011) Int Soc. of Ethnobiology Code of Ethics (2006) Domestic policy advice under CBD (8j and ABS)

Biocultural Ethics research - education - policy - action Current work at CFGS-POLIS: Ethics Program Int. Society of Ethnobiology Code of Ethics review and revisions for 2014 Online Ethics Toolkit ethicstoolkit.net Intellectual Property Issues in Cultural Heritage SSHRC-MCRI funded project based at SFU www.sfu.ca/ipinch/

While nature has no bounds, how do we deal with the governance issues that do?