ABS MANAGEMENT TOOL : International Stakeholder Workshop

by

Eileen Yen Ee Lee

27 & 28 November 2006

Costa Rica

Overview

• Brief Intro to SBC - RPS

• Brief Report on ABS-MT Workshop

• Workshop Participants’ Response

• How practical is the Toolkit?

SBC : Research Permit System

Sarawak Biodiversity Centre Ordinance (1997) establishes

the Sarawak Biodiversity Council &

the Sarawak Biodiversity Centre (SBC)

SBC’s statutory function includes

regulating access to the State’s biological resources – Research Permit System

Sarawak Biodiversity Centre (Amendment) Ordinance (2003)

Regulating Access to Biological Resources & Regulating Access to Biological Resources & Associated TKAssociated TK Application for Access PermitApplication for Access Permit

Evaluation of Research ProposalEvaluation of Research Proposal

Approval for Permit IssuanceApproval for Permit Issuance

Research AgreementResearch Agreement includes deposit of specimens & reportsincludes deposit of specimens & reports equitable sharing of benefitsequitable sharing of benefits

Issuance of PermitIssuance of Permit

Post Research Briefing & Submission of ReportsPost Research Briefing & Submission of Reports

Material Transfer Material Transfer AgreementAgreement Memorandum of Memorandum of AgreementAgreement Research PermitsResearch Permits

Regulating Access to Biological Resources & Regulating Access to Biological Resources & Associated TKAssociated TK

ABS-MT Workshop in Malaysia

• CBD/COP 8 in Curitiba – side event

• Jorge’s meeting with State Attorney General – 17 July 2006

• ABS-Workshop in Malaysia – 18 July 2006

• 24 participants from : Government Departments – SPU, DOA Government Ministries - MNRE Universities – Faculty of Law; Faculty of Resource Science &

Technology Malaysian Biotech Corporation Biotech Companies IGO – IPGRI Statutory Bodies – SEDC, SFC

ABS-MT Workshop Objectives

• To bring together various stakeholders so that they will be better aware of their respective roles and responsibilities

• To present to stakeholders the draft ABS-MT Toolkit and clarifications on the Field Test’s objectives, meaning and implication

• To provide stakeholders a forum to discuss their respective concerns and suggestions

• To launch the ABS Management Tool Field Test in Sarawak/Malaysia

Participants’ Responses

Corporation – Federal Government to implement the ABS-MT as States

have own ordinances and regulations on access to biological resources

– ABS-MT, if accepted for implementation, will help set parameters for ABS negotiation in Malaysia

Community – who should get benefits for shared common knowledge– how is knowledge valued & is some perceived to be more

valuable than others

Government & University – Request that the Toolkit includes an indication of

‘magic number’ e.g. % for royalties

Inter-Governmental Organization– A legal instrument to monitor/protect use of GR

derivatives

Generally– that SBC carry out the field test

Participants’ Responses

• “discussion with Jorge was very interesting and useful in the sense that it gives me a broader perspective on this issue of ABS. ”

• “a good introduction to the availability of the tool.”

• “make it (ABS-MT Toolkit) more interactive instead of having to read through it.” 

• “it can only be effective if there is a Federal law covering the whole of Malaysia … a linkage between compliance with the ABS regulations and the granting of patent rights. In other words, non compliance of the ABS regulation will lead to any patent granted being invalidated for non disclosure of source, consent, benefit sharing etc.” 

Individual Responses

• “propose at least a regional agreement.”

• “look forward to how communities can be trained to take on their role to negotiate the ABS.”  

• “to consider what communities need in order to take advantage of the tool.”

• “In theory this seminar all sounds very good but I feel you need to put it to the real test on a live case to see how it will work.”

Individual Responses

• Not possible to specify cost of specimen … not feasible to pay for specimens

• Should allow export of specimens

• Up front payment to be made to community is a put-off

• If a product contains multiple plant extracts from different communities, it would be impossible to share benefits with all

• It is impossible to share benefits with community for the use of their TK

• Benefits - the company is considered to have given benefit by creating jobs

• Government should indicate amount for royalties

Responses from Biotech Companies