Management of Genetic resources responding to the Nagoya Protocol

Transcription

1 ANRRC SESSION1: Biodiversity Management of Genetic resources responding to the Nagoya Protocol Mutsuaki Suzuki, Ph.D. Director of Intellectual Property Unit National Institute of Genetics The COP10 Nagoya

2 At COP 10 in 2010, Nagoya protocol for ABS management was adopted, which is international legal regime. Every Parties is now preparing for entering into the force Today I will talk about the review of Nagoya protocol and ABS management, status of domestic measureand influence to Biological Resource Center CONTENTS 1. Nagoya Protocol 2. Management in Academia 3. Domestic measure 4. ABS Task force team for Academia 5. Conclusion

3 CONTENTS 1. Nagoya Protocol 2. Management in Academia 3. Domestic measure 4. ABS Task force team for Academia 5. Conclusion CBD: Convention on Biological Diversity CBD (1992) History : Adopted May 1992 (Japan signified in June) Entered into force in Dec (Japan ratified in May 1993 ) Parties:192 (except US, South Sudan, Holy see) The conservation of biological diversity ABS Three pillar The sustainable use of the components of biological diversity The fair and equitable sharing of the benefits arising out of the utilization of genetic resources Article 15: Sovereign rights of States over their natural resources Prior informed Consent ABS legislative action Bon Guideline (2002) History: adopted at COP6 in April 2002 Contents: International Guideline about ABS not legal agreement Nagoya Protocol (2010 adapted) History: Adapted at COP10 in Oct. 2010, Japan signified in May 2011 Contents: International Regime for ABS 1

4 Status of Nagoya protocol Ratification of Nagoya Protocol Gabon, Jordan, Rwanda, Seychelles, Mexico, Lao, India, Fiji, Ethiopia, Panama, Mauritius, South Africa,Albania, Micronesia, Botswana, Syria, Mongol, Comoros, Honduras, Tajikistan, Cote d lvoire, Guinea-Bissau, Indonesia, Bhutan, Norway. (25 parties) System of Nagoya Protocol Major Articles Art.5: fair and Equitable Benefit-Sharing Art. 6: Acess to Genetic Resources (PIC) Art. 15Compliance with Domesti Legislatoin or regulatory Requirement and Benefit-Shraing Article 17. Monitoring the Utilization of Genetic Resources Clearing house (CBD headquarter) International Certification by checking PIC information (Art 17) Genetic Resoreces Derivative Use Productssss knowledge P R O V I D E R The Government of Providing Country Mutually Agreed Terms (MAT) Contract (MAT MAT) Art 15 Benefit sharing PIC (Art6 Art6) U S E R Synchronize inofrmation of PIC/MAT Proposal Transfer The Government of User Country establishment Monitoring Checkpoints (Art. Art.17) Information of PIC MAT Complaisance of domestic measures of providing country Art. 15) Domestic measures U S E R Industry Drug Supplement Bleeding Academic Research 8 2

5 Providing Country Domestic Measures legislative, administrative or policy measures for ABS(PIC issues ) User Country Settle CHECKPOINTS for monitoring the PIC/MAT COP Oct 8 th -19 th India, Hyderabad 6, countries ICNP 3 and COP12 will be held in February 2014, October 2014 in Korea 10

6 EU Public Comment EU committee Draft (Oct. 2012) Union trusted collection, Best practice EU parliament Deletion of Union trusted collection, Best practice Genetic resources: Derivatives, Trigger : Utilization EU Council CONTENTS 1. Nagoya Protocol 2. Management in Academia 3. Domestic measure 4. ABS Task force team for Academia 5. Conclusion

7 Three TIPS for Researchers in Universities and public Institutes In this time, Nagoya Protocol has not start yet, however most of providing countries will start the domestic measures Genetic resources Check the domestic law and regulation for GR as the first step. PIC/MAT for ABS, carefully read and consult to specialist in your University. Be careful of Genetic Resources which foreign student bing the your lab. Check the law and regulation. 13 The Flow of Genetic Resources and relatives Providing country User Country In situ Access International student University Other Universities Industry Foreign researcher Collection Broker データーベース Collection Database Pubulication Transfer Item 1 Original of Genetic Resources and their progeny Genetic Resources 2 Cross bleeding, transgenic Genetic Resources 3 Biological compound ( not containing of heredity unit ) Derivatives 4 Findings, novel chemical formula, DNA sequence, patents Information 4

8 The change for Nagoya protocol implementation Management Items Before After Bon guideline Domestic measures in providing countries Nagoya protocol Domestic measures in providing countries ABS law and regulationin providing countries Manyof countries is under construction Will be constructed Internationalcertificate Notyet Possibleto obtain through the ABS clearing house Monitoring by Check points Necessity of Transfer None Accordingto condition of MAT Monitoringof PIC/MAT by Check pointin Ministry of Environmental Necessary 3 For Resource Center When researchers deposit the Biological Resources, you have to check the origin of source and matching to the domestic measures. More tight management might be required the checking about all of Biological Resources

9 For Resource Center Resource Center in Providing country Will be more Important as for fast track transfer, ensuring Legally satisfaction Nagoya Protocol Definition of Genetic Resources Unclear (depending the providing county) Domestic measures of Providing country -Few information -difficult of understand -many of country has not yet started

10 CONTENTS 1. Nagoya Protocol 2. Management in University 3. Domestic measure 4. ABS Task force team for Academia 5. Conclusion 名古屋議定書に係る国内措置のあり方検討会 Discussion meeting for domestic measures for Nagoya Protocol implementation To discuss the appropriate domestic measures of Japan, the discussion meeting committee was settled by Minsitry of Environment at September 2012 ( 14 members ) Char: HakaseIsozaki(Sophia University) The committee member: Traditional Medicine, NPO, Academic Institutes, Legal, culture collection, bleeding, cosmetic, GR transfer company, Pharmaceutical Company, food association, IUCN member 6

11 Discussion meeting for Nagoya protocol implementation 12Disucussion meeting was held Discussion By Discussion Table (two cycle) Draft report is on the way Public comment will be done at end of this year Points of discussion table 1) basic concept of complaisance 2) Scope of compliance Prerequisite, objects, etc. 3) Check points Monitor, information 4) non-compliance 5) Japan s genetic resources 6) User, awareness rising 22

12 EXAMPLE <Commercial and non-commercial> Academic research should be considered specifically as simple management Benefit should be non-monetary benefit in Academic fields Publication of academic paper Education to providing country 23 CONTENTS 1. Nagoya Protocol 2. Management in University 3. Domestic measure 4. ABS Task force team for Academia 5. Conclusion

13 ABS Academic Task Team 1)Awareness rising to Researcher in Universities. ( Seminar etc) 2)Putting out the information on the Internet idenshigen.jp/en 3)Support desk in NBRP TOKYO Office Close to TOKYO station 25 Seminar at Universities SEMIINAR 14Univesrsities, 3 academic society(fy2013) TOYO Univ., Nihon Univ., Tottori Univ., Fukui Univ., Yamaguchi Univ., Ehime Univ., Obhiiro Univ., Kyoto-Kosen Univ., Ryukyu Univ., Kumamoto Univ., Saga Univ., Japan Society of Culture collections, Evolution,Plant Sciences Frequent Questions and Demands How we treat our sample in University When it stars United states Japan s resources Example of complex Origin of resources in Patent filing Simple paper work is important

14 Survey for access of genetic resources Summary It seem to be insufficientof domestic measure of providing countries. Furthermore, It is unclear of legal procedure and which department is charge for issuing the PIC,and whether they do function or not. Seminar and guideline is necessary of GR and TK for University and public institutes. It is required of consultation service and govermental support for connction as coountries label. CONTENTS 1. Nagoya Protocol 2. Management in University 3. Domestic measure 4. ABS Task force team for Academia 5. Conclusion

15 Concerns of Researchers It is high hurdle to get PIC from government It is Unclear of domestic law and regulation of providing countries and what genetic resources is. Two key tips for ABS of Genetic resources ABS should be performed by Institution Institution relationship not person to person Support system in Japan our ABS task force team for academia

16 GENETIC RESOURCES and INNOVATION Basic research Applied research Practical study Research in market papers PATENTs Products Management of GR in Basic research should be simple and quick GENETIC RESOURCES and INNOVATION Simple and quick access is key. Too tight restriction is a break for use of Genetic resources NO Resources, NO Research, No scientific Progress, No Innovation, No Benefit

17 Further discussing points How we check the deposits of Bio-resources in BRCs. How we ensure the origin of source How we manage MTA and change the MTA clause. How we propose our opinion about domestic measures.. The discussion about Nagoya protocol implementation in BRCs just started. Further discussion is required for efficient management of BRCs.

18 Conclusion Resource center play a key role As for Focal points for Resource circulation, Simple and speedy Transfer ANRRC SESSION1: Biodiversity Management of Genetic resources responding to the Nagoya Protocol Mutsuaki Suzuki Director of Intellectual Property Unit National Institute of Genetics