A new international regime: how does it affect botanic gardens? Kate Davis CBD Unit, Conventions and Policy Section, Royal Botanic Gardens, Kew Eurogard IV Sept 2006, Prague

Outline Why an international regime on access to genetic resources and benefit- sharing? What might change? Why is this relevant to botanic gardens? What can botanic gardens do and how can we be involved?

Access and benefit-sharing: ‘the grand bargain’ The fair and equitable sharing of the benefits arising out of the utilization of genetic resources

Article 15 Follow national laws Facilitate access Excludes pre-CBD Prior informed consent Mutually agreed terms Research with/in countries of origin Benefit-sharing

National legislation on access and benefit-sharing Legislation in placePlanning legislation

ABS timeline 1992 – CBD opened for signature 1993 – CBD comes into force 2001 – ABS working group drafts Bonn Guidelines ABS Guidelines drafted in Bonn, – COP6 adopts Bonn Guidelines 2002 – World Summit on Sustainable Development – call for new international regime 2004 – COP7 sets terms of reference for international regime negotiations 2006 – COP8 sets deadline for end of negotiations by – Technical expert group to discuss certificates of origin

Why an international regime? Bonn Guidelines voluntary Perceived over-emphasis on provider country actions Need for compliance and enforcement in ‘user’ countries Fears of biopiracy Re-open debate

What kind of international regime? A new treaty? Or linkage between existing instruments? –Bonn Guidelines, International Treaty on PGRFA, CITES, WIPO, TRIPs Same everywhere, or different? What are the current gaps in ABS?

Controversies Legally-binding? Facilitate access? Derivatives? Traditional knowledge? Who’s involved?

What’s new? Focus on compliance by ‘users’ –Disclosure of origin/source in applications for intellectual property rights –Certificates of origin/source/legal provenance for genetic resources (GRs) We are ‘users’! ©cambridge2000.com

Certificates of origin/source/legal provenance Mechanism to prove legal origin of/right to use GRs Who can issue a certificate? What should be certificated? –All genetic resources, pre/post CBD? –GRs collected for commercial purposes only? –Groups of specimens? Individual specimens? Samples/derivatives? –GRs collected under 1 agreement?

Certificates Tracking backwards and/or forwards? Duplicates, samples, progeny? Paper, barcodes or alphanumeric code? Checkpoints? Facilitation/exemption for non- commercial collections? Who benefits and who pays the costs? …What’s the alternative?

‘Life of a specimen’ case studies Smithsonian Institution –500,000 transactions/year Natural History Museum –£22m to digitise all botanical specimens –£142m to digitise & barcode Royal Botanic Gardens, Kew –low risk (herbarium specimens) vs high risk (seeds) Collections Management Unit Kew Herbarium

Exchange at Kew (2004) (some from Kew) DNA bank 2000Living collections Seed Bank loans loans 6300 from Kew fieldwork Herbarium Supply/LoanAcquisitionsCollection 1200

Implications? New access procedures More formal agreements (access and transfer) Clearer distinction between commercial and non- commercial use? Interest in use of ex situ collections for bioprospecting? More tracking and reporting for everyone Greater need to understand, network and lobby

Now what? © Kate Davis

Institutional use and exchange Get material/ information legally …with PIC & mutually agreed terms Use according to terms of acquisition Supply according to terms of acquisition Institution

Guidelines, codes & tools Principles on Access to Genetic Resources and Benefit Sharing –Framework to cover acquisition (in situ and ex situ), use, supply, written agreements, curation, commercialisation, benefit-sharing International Plant Exchange Network (IPEN) –Code of conduct; facilitated exchange of living plants for non-commercial use Swiss good practice guide –Guidance for academic research; case studies ABS Management Tool –Guidance/system for users & providers ‘Principles’ group Pilot project for Botanic Gardens Cartagena, 2000

Kew tools ABS policy based on Principles Intranet staff guide to CBD Staff training (CBD/CITES/plant health) Training course Donation letter Overseas Fieldwork Committee Agreements with partner institutions Standard documents –Donation form –Standard Material Supply Agreement –Use letter Benefit-sharing trust fund for plant auction

Stay in the loop Meet your CBD National Focal Point Keep in touch with (or join!) your country’s CBD delegation How would certificates/disclosure affect your institution? And how would this affect your country’s ability to contribute to CBD goals?

Show you’re worth it Build trust –Adopt institutional ABS policy –Be clear about research links to universities/industry, bioprospecting and intent to commercialise –Work on ‘housekeeping’ Demonstrate (and keep track of) effective benefit-sharing Contribute to national CBD reports

Prepare for debate: questions for collections What kinds of collections does your garden hold? Do you do fieldwork abroad? Do you currently have a policy? A Material Supply Agreement? Do you database your specimens? (All/some?) Specimen flow: how many transfers in and out? (Loans/donations/samples) Do you track transfers? How? How do you keep track of special terms on specimens? Do you have links to universities? How do you accept/supply material? Do you have links to industry? (Pharmaceutical/botanicals/agricultural/horticultural) Do you have plant sales? What kinds of plants do you sell? What types of benefits do you share? How?

Further information CBD website Principles, IPEN, ABS case studies Swiss good practice guide CBD for Botanists ABS Management Tool Science and Development Network Kew CBD Unit