Benefit Sharing Mechanism Benefit Sharing Mechanism for Traditional Knowledge for Traditional Knowledge

ProliferationProliferation

Presented by:Presented by:

Deepak SharmaDeepak Sharma

Gaurav SoniGaurav Soni

Benefit Sharing ?Benefit Sharing ?Benefit sharing refers to all forms of Benefit sharing refers to all forms of compensation for the use of genetic compensation for the use of genetic resources, whether monetary or resources, whether monetary or nonmonetary.nonmonetary.

This might also include participation in This might also include participation in scientific research and development of scientific research and development of genetic resources, and sharing the genetic resources, and sharing the findings of any potential benefits resulting findings of any potential benefits resulting from this work.from this work.

TK is found in:TK is found in:Daily activities :Daily activities : Farming, Gardening, Animal breeding and Farming, Gardening, Animal breeding and

care, Food and nutrition, Health Care and care, Food and nutrition, Health Care and reproductive health, Water resource use, reproductive health, Water resource use,

Spiritual and religious activities, Folklore, Spiritual and religious activities, Folklore, songs, poetry, and theater,songs, poetry, and theater,

Cont…Cont… Community records. Although TK is mostly Community records. Although TK is mostly

transmitted by word of mouth, some other forms transmitted by word of mouth, some other forms of record keeping may exist. For example, maps, of record keeping may exist. For example, maps, boundary, markers (trees, poles, stones, etc.), boundary, markers (trees, poles, stones, etc.), drawings, paintings, or carvings, and many other drawings, paintings, or carvings, and many other forms.forms.People working with the community, such as NGO People working with the community, such as NGO researchers, academics, scientists, and researchers, academics, scientists, and development specialists who may have been development specialists who may have been collecting TKcollecting TKSecondary sources such as journal articles and Secondary sources such as journal articles and books, unpublished documents, databases, videos, books, unpublished documents, databases, videos, photos, museums, and exhibitsphotos, museums, and exhibits

Identifying Who Holds theIdentifying Who Holds theKnowledgeKnowledge

A knowledge claim can be categorized into A knowledge claim can be categorized into three groups:three groups:

1.1.  Known and used by Known and used by an individualan individual,,2.2.  Known and used by Known and used by several individualsseveral individuals or or

a communitya community, or, or3.3.  Diffused broadly and in the public domain.Diffused broadly and in the public domain.

Determining Community GoalsDetermining Community Goals

ProfitProfit

Dissemination for public good Dissemination for public good

Avoiding exploitation Avoiding exploitation

Avoiding inappropriate intellectual Avoiding inappropriate intellectual property claims property claims

PreservationPreservation

Various forms of benefit sharing:Various forms of benefit sharing:

Dissemination of traditional Dissemination of traditional knowledgeknowledge

Improve the quality of life & Social Improve the quality of life & Social awarenessawareness

Providing better health benefits to a Providing better health benefits to a common mancommon man

Better procurement priceBetter procurement price Royalty sharingRoyalty sharing

Advantages & DisadvantagesAdvantages & Disadvantages

AdvantagesAdvantages••  Potentially profitablePotentially profitable••  TK stakeholders typically do not need to TK stakeholders typically do not need to

perform the research, development, and perform the research, development, and marketingmarketingDisadvantagesDisadvantages

••  Financial or other benefits must be sharedFinancial or other benefits must be shared••  Must convince companies or other individual of Must convince companies or other individual of

the knowledge's market potential and thethe knowledge's market potential and thebenefits of "benefit-sharing"benefits of "benefit-sharing"

Problems of Problems of Benefit SharingBenefit SharingNo or Very little benefit to No or Very little benefit to provider of TK/IKprovider of TK/IK

Uneven nature of Property Uneven nature of Property RelationshipsRelationships

CBD & Benefit SharingCBD & Benefit SharingArticles 1 and 8(j) of the CBD encourage the Articles 1 and 8(j) of the CBD encourage the equitable sharing of benefits arising from TK equitable sharing of benefits arising from TK for conservation and sustainable use of for conservation and sustainable use of biological diversity. biological diversity.

Three central principles:Three central principles:

• • Conservation of biological diversityConservation of biological diversity

• • Sustainable use of its componentsSustainable use of its components

• • Fair and equitable sharing of the benefitsFair and equitable sharing of the benefits arising out of the utilization of genetic arising out of the utilization of genetic resourcesresources

How can be done BENEFIT – SHARING? How can be done BENEFIT – SHARING?

Contractual Agreements for access to Genetic Resources

a) Non-disclosure agreement- to keep transferred information private & confidential

b) Exclusive licenses agreement- to grant right only to a licensee regarding to use any specific TK

c) Non-exclusive licensing – set no limit on licensing of the TK

d) Material transfer agreement –to specify conditions, uses & access to tangible biological items.

Contract relating to TK may explain Contract relating to TK may explain following points.following points.

Parties to the agreementParties to the agreement

Duration Duration

Knowledge (subject matter)Knowledge (subject matter)

Uses of KnowledgeUses of Knowledge

Restriction on knowledge’s useRestriction on knowledge’s use

Restriction on confidentialityRestriction on confidentiality

Specifics for benefit sharingSpecifics for benefit sharing

Cont.Cont.Legislative, administrative and policy measures to regulate access to benefit - sharingMultilateral Systems for facilitated access to genetic resources and benefit sharingTransfer of technologysetting up of venture capital fund for aiding the cause of benefit claimers

PROTECTION OF TKPROTECTION OF TK

Positive Protection - Positive Protection - active assertion active assertion of rightsof rights

Defensive Protection - Defensive Protection - preventing preventing others from illegitimate gain of rightsothers from illegitimate gain of rights

POSITIVE PROTECTIONPOSITIVE PROTECTION IP APPROACHIP APPROACH

Use of rights by Use of rights by holders to stop holders to stop unauthorized acts unauthorized acts and to seek and to seek remedies if such use remedies if such use occursoccurs

Use of rights as the Use of rights as the basis for commercial, basis for commercial, research etc dealings research etc dealings with external with external partnerspartners

Community may use Community may use IP rights to stop IP rights to stop illegitimate or illegitimate or unauthorized use of a unauthorized use of a traditional knowledge traditional knowledge by a manufacturer by a manufacturer

Community may use Community may use rights commercially rights commercially itself or license to itself or license to others and define others and define benefits from such use benefits from such use

POSITIVE PROTECTION POSITIVE PROTECTION NON - IP APPROACHNON - IP APPROACH

Legal meansLegal means

Other forms of legislationOther forms of legislationDomestic LawDomestic Law

– contract lawcontract law– environmental protection environmental protection

lawlaw– cultural heritage lawcultural heritage law– laws governing access to laws governing access to

biological resources and biological resources and protected territories protected territories

– laws concerned with laws concerned with Indigenous peopleIndigenous people

Bilateral ContractsBilateral ContractsAgreements and licensesAgreements and licenses

Technical MeansTechnical Means

Use of Information Use of Information TechnologyTechnology– Data security systemsData security systems– electronic databaseselectronic databases

Case study:Case study: San/CSIR hoodia San/CSIR hoodia benefit sharing modelbenefit sharing model

CSIR will pay the San 8% of all milestone CSIR will pay the San 8% of all milestone payments it receives from its licensee, UK-payments it receives from its licensee, UK-based Phytopharm plc based Phytopharm plc

CSIR will pay the San 6% of all royalties that CSIR will pay the San 6% of all royalties that the it receives once the drug is commercially the it receives once the drug is commercially available available

CSIR will make study bursaries and CSIR will make study bursaries and scholarships available to the San community scholarships available to the San community

CSIR and the San people agree to CSIR and the San people agree to collaborate in future bio prospecting for the collaborate in future bio prospecting for the benefit of both partiesbenefit of both parties

• Benefit sharing - Benefit sharing - ProcurementProcurement•Procurement of Amla

tribal

Traders/Industries

Forest corporation

M.P. Govt.Initiative

What needs to be done?What needs to be done?Sufficient Incentives to Traditional Knowledge Holders

Proper Protection of TK Right Holder

Promoting Conservation and sustainable usage

Definite Government policy towards royalty sharing

Increasing awareness among rural population about their Traditional Knowledge

Thank YouThank You