SECTION
ON MEDICINAL CHEMISTRY
Preservation and
utilization of natural biodiversity in context of search for economically
valuable medicinal biota
(Technical Report)
Recommendations
1. Suitable compensation for access to biota should
be provided as a matter of equity and as a means of promoting improvements
in public health and preservation of habitat and species.
2. Contracts for exploration of biomass for the
discovery of medicinal agents should make a provision for knowledge
provided concerning medicinal properties and uses of the material.
3. National and state jurisdictions should return
a reasonable amount of the proceeds from the sale of biological materials
to the local or regional area of origin. On the other hand, if arrangements
are made locally the right of jurisdictions to reasonable taxation is
recognized. Nations, in consultation with their local scientific authorities
should think through issues relating to who has the real authority to
enter into a binding and enforceable agreement. Rather than see a patchwork
of conflicting regulations, it would be far preferable if regional associations
of governments and international organizations would set sensible policies
for member nations to follow to the extent possible.
4. Payments for removal of biota should be negotiated
in advance of collection with appropriate authority and may or may not
involve residual royalty rights. The latter issue should also be settled
in advance by negotiation. If the species is/are rare or threatened
it is expected that adequate provision will be made for the preservation
of the species even to the extent of forbidding collection in extreme
cases.
Government licences and/or supervision by competent
scientific authorities will be associated with this work.
5. Indigenous botanic assistance and collaboration
through the university system, national museum, departments of natural
resources, etc., should be sought with reasonable joint scientific publication
rights clarified in advance as appropriate.
6. Support for herbaria and the like should be encouraged
as well as for surveys and development of inventories of existing biodiversity.
7. Realistic sharing of subsequently developed knowledge
with the originators of the samples, consistent with the needs to protect
potential patent and commercial rights, should be practiced.
8. Scientific training should be supported as part
of agreements whenever practicable.
9. If cultivation is a practical option serious
consideration should be given to doing as much of this as possible at
or near the point of origin.
10. The value of extracts prepared close to the
point of origin should be compensated following negotiation in advance.
11. In determining payments for products which are
marketed, relative contributions to the final outcome must be realistically
considered and should be reflected in the level of royalty payments.
12. The concept of capacity enhancement as a consequence
of cooperative programs of biota screening for economically valuable
constituents is recommended. Aside from its intrinsic merits this can
ultimately mature into the local capacity to address some of the unmet
medical needs of developing nations. This applies particularly to devastating
diseases that are not present or have no relevant counterparts in developed
nations. In these cases, research towards cures is comparatively under
financed and the fruits of such studies are difficult to develop in
practical terms.
IUPAC puts forward these recommendations only
as principles to guide actions and negotiations between the involved
parties. Detailed contractual provisions are the province of the involved
parties and must be determined accordingly as a reflection of the particular
circumstances pertaining to individual cases.
