 | Biodiversity Prospecting - A World Resources Institute Book (WRI, 1993, 352 pages) |
 |  | (introduction...) |
| | Foreword |
| | Acknowledgments |
|  | I. A New Lease on Life |
| | (introduction...) |
| | Growing Demand for Genetic and Biochemical Resources |
| | What is at Stake? |
| | The Evolution of Biodiversity Prospecting Institutions |
| | (introduction...) |
| | Property Rights |
| | International Agreements |
| | Biodiversity Prospecting Intermediaries |
| | Biodiversity Prospecting Guidelines |
| | (introduction...) |
| | Role of Intermediaries |
| | Company-Collector Contracts |
| | Property Rights |
| | Legal Guarantees |
| | Technology Policy |
| | International Agreements |
| | Notes |
| | Bibliography |
| | II. Costa Rica's Conservation Program and National Biodiversity Institute (INBio) |
| | (introduction...) |
| | Background |
| | Institutional Groundwork |
| | INBio's Emergence |
| | INBio's Legal, Physical, and Administrative Structure |
| | The Financial Challenge |
| | The National Biodiversity Inventory and Allied INBio Efforts |
| | III. Biodiversity Prospecting by INBio |
| | (introduction...) |
| | Essential Types of Collaboration |
| | The Search for Wildland Chemicals |
| | Managing Biodiversity Information for Biodiversity Prospecting |
| | Collaborations with Universities, Government Agencies, and NGOs |
| | Fostering Drug Discovery and Local Expertise |
| | Agreements and Contracts with the Industrial and Commercial Sector |
| | National Policy |
| | IV. Contracts for Biodiversity Prospecting1 |
| | (introduction...) |
| | The Strengths and Limitations of Contracts |
| | Parties to Contractual Agreements for the Supply of Biological Samples |
| | (introduction...) |
| | Industry |
| | Collectors |
| | In-country Collaborators |
| | Advance Payments and Royalties for Sample Supplies |
| | Non-Monetary Compensation and Technology Transfer |
| | (introduction...) |
| | Screening for tropical diseases |
| | Research exchanges and support |
| | Distribution of drugs |
| | Supplies of Raw Material |
| | Traditional Knowledge and Rights of Local Peoples |
| | Ethnobotanical Data and Industry Research Programs |
| | Collectors' Obligations to Local Communities |
| | The Return of Benefits to Local People |
| | Conservation Provisions |
| | Conclusion |
| | Notes |
| | Bibliography |
| | V. Research Management Policies: Permits for Collecting and Research in the Tropics |
| | (introduction...) |
| | Key Considerations in Granting Wildland Biodiversity Research Agreements |
| | (introduction...) |
| | 1) Collecting Permit vs. Research Agreement |
| | 2) Biological Damage vs. Economic Benefits |
| | 3) Who needs a research agreement? |
| | 4) Who Signs Research Agreements? |
| | 5) Protecting Biodiversity Information |
| | 6) Violating, Re-evaluating, and Terminating Research Agreements |
| | 7) Who Pays for Tropical Research and its Management and in What Coin? |
| | 8) How Should Research Gains and Compensations be Distributed? |
| | 9) Biodiversity Information in the "Public Domain" |
| | 10) Market Forces and Research Agreements on Tropical Biodiversity |
| | VI. An Intellectual Property Rights Framework for Biodiversity Prospecting |
| | (introduction...) |
| | Intellectual Property and Public Policy |
| | Guidelines for Applying Intellectual Property Rights |
| | (introduction...) |
| | 1. Trade Secrets |
| | 2. Utility Patents |
| | 3. Plant Breeders' Rights |
| | 4. Petty Patents |
| | 5. Trademarks |
| | 6. Copyright |
| | 7. Intellectual Property Management |
| | Sui generis Biodiversity Prospecting Rights |
| | Recurring Problems with an Intellectual Property Approach |
| | (introduction...) |
| | 1. Ownership |
| | 2. The Complexity of Life |
| | 3. Derivation |
| | 4. Valuation |
| | 5. The Limits of Intellectual Property |
| | 6. Equity and Indigenous Rights |
| | 7. Ethics |
| | 8. International Legal Inconsistencies |
| | Intellectual Property in a Framework of Laws |
| | The Convention on Biological Diversity's Effect on Intellectual Property Law |
| | Conclusion |
| | Notes |
| | Bibliography |
| | VII. Policy Options for Scientific and Technological Capacity-Building |
| | (introduction...) |
| | National Innovation Policy and Biodiversity |
| | Linking Biotechnology to Biodiversity |
| | Biotechnology Transfer |
| | Technology Assessment |
| | Blind Alleys and Windows of Opportunity |
| | Notes |
| | Bibliography |
| | Annex 1 - The Role of the Parataxonomists, Inventory Managers, and Taxonomists in Costa Rica's National Biodiversity Inventory |
| | (introduction...) |
| | The Parataxonomists |
| | (introduction...) |
| | A Chronological History of the Parataxonomists |
| | The First Parataxonomist Course: January-July 1989 |
| | The Second Parataxonomy Course: May through August 1990 |
| | The Third Parataxonomy Course: January-June 1992 |
| | Questions Commonly Asked About Parataxonomists |
| | INBio Inventory Managers and Collections Management |
| | (introduction...) |
| | The Demands of the Job |
| | What do INBio Inventory Managers Need to do Their Work? |
| | Where Does the Inventory Manager Come From? |
| | Higher Degrees vs. On-the-job Training |
| | National vs. Regional Inventory Managers |
| | Remaining Barriers |
| | Taxonomists |
| | (introduction...) |
| | Regional and National versus Monographic Work |
| | Annex 2 - Biodiversity Prospecting Contract |
| | (introduction...) |
| | I. Introduction - Using the Draft Contract |
| | II. Draft Contract |
| | III. Appendices to Draft Contract Between Pharmaceutical Company and Sample Collector |
| | IV. Commentary on Contract Provisions |
| | V. General Legal Background |
| | (introduction...) |
| | A. Legal Framework for Contracts |
| | B. International Laws That Could Affect International Biodiversity Prospecting Agreements |
| | Annex 3 - The Convention on Biological Diversity and Intellectual Property Rights |
| | (introduction...) |
| | Convention on Biological Diversity |
| | Article 1: |
| | Article 2: |
| | Article 3: |
| | Article 4: |
| | Article 7: |
| | Article 8: |
| | Article 9: |
| | Article 10: |
| | Article 11: |
| | Article 15: |
| | Article 16: |
| | Article 17: |
| | Article 18: |
| | Article 19: |
| | Articles 20 and 21: |
| | Article 22: |
| | Article 25: |
| | Article 27: |
| | Agenda 21 |
| | Conclusion |
| | References |
| | Annex 4 - United Nations Convention on Biological Diversity |
| | Preamble |
| | Annex I - Identification and Monitoring |
| | Annex II |
| | Part 1 - Arbitration |
| | Part 2 - Conciliation |
| | About the Authors |
| | About the Institutions |
Screening for tropical diseases
Companies looking for biological samples generally concentrate their research on particular diseases and rarely have screens for diseases found only in the tropics. At present, few companies are likely to bear the heavy expense of developing a screen (which requires basic research to determine a biochemical target) merely to get biological samples. Collectors could, however, negotiate to retain a portion of the samples collected with funds from the collector-company agreement to be used for screening for tropical diseases.
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