Key Issues and Concerns

GBDI's "Resources" provides a better understanding of a broad range of key issues and concerns.

Some of these key issues include the following:

  • CBD vs. TRIPS: The World Trade Organization's Trade Related Aspects of Intellectual Property Rights Agreement (TRIPS) asserts private intellectual property rights on aspects of biodiversity while the Convention of Biological Diversity (CBD) asserts the collective rights of local communities. Many countries are signatories to both treaties. To what extent are these goals in conflict? Which treaty has precedence when conflicts do occur? There is particular interest in exploring the use of Article 27.3 of TRIPS to resolve conflicts, taking advantage of the article's allowance for development of sui generis protection systems in order to protect community rights.

  • Bioprospecting Policy: Models exist for developing mutually beneficial bioprospecting agreements. Concerns over "biopiracy" -- i.e., unauthorized and uncompensated exploitation of biological resources -- mandate the establishment of proper channels through which benefits can be shared equitably among all stakeholders. Difficulties arise in such areas as determining "ownership" in cases where public resources have been traditionally tended and utilized by local communities, and determining the extent to which traditional knowledge contributes to new product development. It is a major challenge to involve stakeholders and share benefits, yet it is clear that current interest in tapping into these resources can be leveraged into revenue streams as well as conservation and capacity-building efforts. Above all, what is needed is a clear policy and legal framework.

  • Patents and Breeder's Rights: There is a long tradition of agricultural research, e.g., through the CGIAR (Consultative Group on International Agricultural Research) system and in national research institutions. Research is performed as a public good, with results and sample specimens shared freely so that other researchers can improve upon them and share the results in turn.

    Increasingly, partly as a result of the development of biotechnology and genetic engineering, the assertion of private intellectual property rights is being encouraged. For example, the 1991 UPOV (The International Union for the Protection of New Varieties of Plants) Treaty limits farmers' rights to save seeds for future use. How should public research institutions develop a partnership with private sector to promote development? What policies will best stimulate innovation while protecting the public interest?

  • Agricultural Biotechnology and Biosafety: Agricultural biotechnology has been hailed as the best guarantor of food supply for the world's poor, but also derided as a menace to public safety. One thing that has been made clear in the controversy over genetically modified foods is that policies are needed to ensure public participation in the debate -- and to institute adequate biosafety standards in order to minimize risks. GBDI's workshop session helps clarify risk assessment and the benefits of agricultural biotechnology for health, environment, and trade. It also examines some existing models for the development of biosafety regulation in developing countries.

  • Involving All Stakeholders: Stakeholders in bioprospecting and biotechnology, who are also beneficiaries of this proposed project, include local communities (which have traditional access rights to biological resources and play a key role in their sustainable management); traditional healers; farmers; researchers and research institutions (including universities); non-governmental organizations; business and industry; and a range of government ministries. These interests are diverse, and equally legitimate. Mechanisms need to be developed for their involvement in the policy dialogue in a meaningful way — a process known as "pluralism by the rules." Consultative processes need to not only seek stakeholder input but also synthesize that input into areas of common concern and consensus, while acknowledging and valuing the plurality of interests. Clear objects and action plans should guide these processes, with periodic evaluations of progress.