Benefit Sharing Mechanism for Traditional Knowledge Proliferation Presented by: Presented by: Deepak Sharma Gaurav Soni

Benefit Sharing ? Benefit sharing refers to all forms of compensation for the use of genetic resources, whether monetary or nonmonetary. This might also include participation in scientific research and development of genetic resources, and sharing the findings of any potential benefits resulting from this work.

TK is found in: Daily activities : Farming, Gardening, Animal breeding and care, Food and nutrition, Health Care and reproductive health, Water resource use, Spiritual and religious activities, Folklore, songs, poetry, and theater,

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and development specialists who may have been collecting TK Secondary sources such as journal articles and books, unpublished documents, databases, videos, photos, museums, and exhibits

Identifying Who Holds the Knowledge A knowledge claim can be categorized into three groups: 1. Known and used by an individual, 2. Known and used by several individuals or a community, or 3. Diffused broadly and in the public domain.

Determining Community Goals Profit Dissemination for public good Avoiding exploitation Avoiding inappropriate intellectual property claims Preservation

Various forms of benefit sharing:  Dissemination of traditional knowledge  Improve the quality of life & Social awareness  Providing better health benefits to a common man  Better procurement price  Royalty sharing

Advantages & Disadvantages Advantages Potentially profitable Potentially profitable TK stakeholders typically do not need to perform the research, development, and marketing TK stakeholders typically do not need to perform the research, development, and marketingDisadvantages Financial or other benefits must be shared Financial or other benefits must be shared Must convince companies or other individual of the knowledge's market potential and the benefits of "benefit-sharing" Must convince companies or other individual of the knowledge's market potential and the benefits of "benefit-sharing"

Problems of Benefit Sharing No or Very little benefit to provider of TK/IK Uneven nature of Property Relationships

CBD & Benefit Sharing Articles 1 and 8(j) of the CBD encourage the equitable sharing of benefits arising from TK for conservation and sustainable use of biological diversity. Three central principles: Conservation of biological diversity Conservation of biological diversity Sustainable use of its components Sustainable use of its components Fair and equitable sharing of the benefits arising out of the utilization of genetic resources Fair and equitable sharing of the benefits arising out of the utilization of genetic resources

How can be done BENEFIT – SHARING? l 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 following points. Parties to the agreement Duration Knowledge (subject matter) Uses of Knowledge Restriction on knowledge’s use Restriction on confidentiality Specifics for benefit sharing

Cont. Legislative, administrative and policy measures to regulate access to benefit - sharing Multilateral Systems for facilitated access to genetic resources and benefit sharing Transfer of technology setting up of venture capital fund for aiding the cause of benefit claimers

PROTECTION OF TK Positive Protection - active assertion of rights Defensive Protection - preventing others from illegitimate gain of rights

POSITIVE PROTECTION IP APPROACH Use of rights by holders to stop unauthorized acts and to seek remedies if such use occurs Use of rights as the basis for commercial, research etc dealings with external partners Community may use IP rights to stop illegitimate or unauthorized use of a traditional knowledge by a manufacturer Community may use rights commercially itself or license to others and define benefits from such use

POSITIVE PROTECTION NON - IP APPROACH Legal means Other forms of legislation Domestic Law –contract law –environmental protection law –cultural heritage law –laws governing access to biological resources and protected territories –laws concerned with Indigenous people Bilateral Contracts Agreements and licenses Technical Means Use of Information Technology –Data security systems –electronic databases

Case study: San/CSIR hoodia benefit sharing model CSIR will pay the San 8% of all milestone payments it receives from its licensee, UK- based Phytopharm plc CSIR will pay the San 6% of all royalties that the it receives once the drug is commercially available CSIR will make study bursaries and scholarships available to the San community CSIR and the San people agree to collaborate in future bio prospecting for the benefit of both parties

Benefit sharing - Procurement Procurement of Amla tribal Traders/Industries Forest corporation M.P. Govt. Initiative

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 You