Recently, there has been an insurgence of corporations that bioprospect in Third World countries (going into these areas in hopes of utilizing traditional knowledge about local natural resources so as to eventually develop a synthetic alternative that they can then market). Although this type of bioprospecting does not encounter the problem of depleting environmental resources, other problems arise. Two primary problems are: (1) determining who has legal ownership of these resources, and (2) who should share in the profits that (...) were derived, in part, from these resources. Despite the attention that these problems have received, there has been little attention focused on the issue that I believe underlies these problems -- the differing views of nature between corporations (who consider nature to be an individually owned resource) and Third World communities (many of whom consider nature to be a communally owned resource). In this paper, I present what I believe is an additional useful tool for policy makers in resolving the current problems regarding bioprospecting in Third World countries. The tool I have in mind is a set of method components that can be used as guidelines as well as a test for inclusiveness. To arrive at these components, I will look to James D. Proctor's methodological proposal for resolving conflicts between those with differing views of nature. Because he presents this methodology in a limited context (as a means of resolving the Ancient Forest debate), I will clarify and expand his methodology so as to arrive at a set of methods that I believe can be helpful in arriving at a fair global policy regarding bioprospecting in Third World countries. (shrink)

The search for valuable new products from among the world’s stock of natural biological resources is mostly carried out by people from wealthy countries, and mostly takes place in developing countries that lack the research capacity to profit from it. Surely, the indigenous people should receive some compensation from it. But we must build a robust defense for this intuition, rooted in the Western moral traditions that are widely accepted in wealthy countries, if we are to put it into practice (...) and enforce it. (shrink)

Publié en 2004, l’ouvrage de l’historienne américaine Londa Schiebinger opère un rapprochement suggestif entre l’histoire des sciences, l’histoire du genre et l’histoire coloniale. À travers l’étude de la « bioprospection » dans l’espace caraïbe des xviie et xviiie siècles (Jamestown, Virginie, Bahia, Brésil, Jamaïque, Guyane, Surinam, Saint-Domingue) l’auteure aborde les facteurs culturels qui interviennent dans la transmission des savoirs naturalistes et pharmaceutiques entre indigènes et a...

ABSTRACT Most pharmaceutical research carried out today is focused on the treatment and management of the lifestyle diseases of the developed world. Diseases that affect mainly poor people are neglected in research advancements in treatment because they cannot generate large financial returns on research and development costs. Benefit sharing arrangements for the use of indigenous resources and genetic research could only marginally address this gap in research and development in diseases that affect the poor. Benefit sharing as a strategy is (...) conceptually problematic, even if one, as we do, agrees that impoverished indigenous communities should not be exploited and that they should be assisted in improving their living conditions. The accepted concept of intellectual property protection envisages clearly defined originators and owners of knowledge, whereas the concept of community membership is fluid and indigenous knowledge is, by its very nature, open, with the originator(s) lost in the mists of time. The delineation of ‘community’ presents serious conceptual and practical difficulties as few communities form discrete, easily discernable groups, and most have problematic leadership structures. Benefit sharing is no substitute for governments’ responsibility to uplift impoverished communities. Benefit sharing arrangements may be fraught with difficulties but considerations of respect and equity demand that prior informed consent and consultation around commercialisation of knowledge take place with the source community and their government.1. (shrink)

Most pharmaceutical research carried out today is focused on the treatment and management of the lifestyle diseases of the developed world. Diseases that affect mainly poor people are neglected in research advancements in treatment because they cannot generate large financial returns on research and development costs. Benefit sharing arrangements for the use of indigenous resources and genetic research could only marginally address this gap in research and development in diseases that affect the poor. Benefit sharing as a strategy is conceptually (...) problematic, even if one, as we do, agrees that impoverished indigenous communities should not be exploited and that they should be assisted in improving their living conditions. The accepted concept of intellectual property protection envisages clearly defined originators and owners of knowledge, whereas the concept of community membership is fluid and indigenous knowledge is, by its very nature, open, with the originator(s) lost in the mists of time. The delineation of ‘community’ presents serious conceptual and practical difficulties as few communities form discrete, easily discernable groups, and most have problematic leadership structures. Benefit sharing is no substitute for governments’ responsibility to uplift impoverished communities. Benefit sharing arrangements may be fraught with difficulties but considerations of respect and equity demand that prior informed consent and consultation around commercialisation of knowledge take place with the source community and their government.1. (shrink)

ABSTRACT: Biological prospecting is being undertaken in the Antarctic and, as novel material starts to yield significantly higher commercial rewards, the Antarctic Treaty Consultative Parties might decide to regulate it through the Antarctic Treaty System. This will be problematic since activities are already being undertaken, patents have been filed and products developed. Furthermore, there are differing perceptions of the status of the Antarctic, with some considering it global commons and others considering it the common heritage of mankind. These 2 doctrines (...) can be inferred from the rhetoric of the Treaty and its subsequent legal instruments through which human activities, including the use of resources, are managed. However, the Antarctic Treaty System does not support either in practice because activities such as fishing and bioprospecting already return an exclusive reward for effort, with no benefit-sharing arrangements. Under the Convention on the Conservation of Antarctic Marine Living Resources, the Parties determine allowable catches for a fishery based on scientific assessment, and this may discharge them from providing access and benefit-sharing arrangements to the international community potentially available through other international law (e.g. the Law of the Sea Convention or the Convention on Biological Diversity). The major turning point in Antarctica came when the Convention on the Regulation of Antarctic Mineral Resource Activities—which acknowledged the rights of the international community—failed to enter into force. Today the international community is rewarded with a relatively healthy Antarctic environment and free access to some scientific information, which are benefiting all mankind. But the international community does not get direct financial reward from Antarctic activities because access is constrained by law and by a lack of capacity. There is no mechanism for disbursing compensation to all mankind in any case, although the Antarctic Treaty Consultative Parties could certainly rectify this if they had the will to do so. So far they have not. (shrink)

ABSTRACTThis paper examines the concept of biopiracy, which initially emerged to challenge various aspects of the regime for intellectual property rights in living organisms, as well as related aspects pertaining to the ownership and apportioning of benefits from ‘genetic resources’ derived from the world’s biodiversity.This paper proposes that we take the allegation of biopiracy seriously due to the impact it has as an intervention which indexes a number of different, yet interrelated, problematizations of biodiversity, biotechnology and IPR. Using the neem (...) tree case as an example, it describes activists’ use of the term as one that involves a deliberate simplification of science and IPR. Additionally, it argues that in so doing, biopiracy is positioned as a touchstone that mobilizes actors and problems, and ultimately generates ‘solutions’ to the very challenges it creates.The paper will also encourage a view of biopiracy claims that does not always treat them simply as claims of theft, or as a misallocation of benefits, but rather as claims that are designed to raise broader questions about the IPR system itself. It concludes by advocating that, in order to properly understand how to address biopiracy, we must be prepared to move beyond the current narrow readings to develop a more complete picture of the term’s influence in challenging how, and by whom, the decisions about what is natural and what is invented come to be made. (shrink)

Indigenous Peoples, Consent and Benefit Sharing is the first in-depth account of the Hoodia bioprospecting case and use of San traditional knowledge, placing it in the global context of indigenous peoples’ rights, consent and benefit-sharing. It is unique as the first interdisciplinary analysis of consent and benefit sharing in which philosophers apply their minds to questions of justice in the Convention on Biological Diversity (CBD), lawyers interrogate the use of intellectual property rights to protect traditional knowledge, environmental scientists analyse (...) implications for national policies, anthropologists grapple with the commodification of knowledge and, uniquely, case experts from Asia, Australia and North America bring their collective expertise and experiences to bear on the San-Hoodia case. -/- While much of the focus is on bioprospecting and natural product development, Indigenous Peoples, Consent and Benefit-Sharing also draws important lessons about informed consent and benefit-sharing from the health sciences and sectors such as mining. Policymakers around the world are under significant pressure to resolve the challenges of implementing the CBD. This book’s analysis and recommendations will help them. -/- ‘It is good to see philosophers engaging with the UN Convention on Biological Diversity, and doing so by looking in depth at a real situation in which it has been invoked.’ Peter Singer, Ira W. DeCamp Professor of Bioethics in the University Center for Human Values, Princeton University . (shrink)

This paper explores the role of ‘community’ in the context of global bioethics. With the present globalization of bioethics, new and interesting references are made to this concept. Some are familiar, for example, community consent. This article argues that the principle of informed consent is too individual-oriented and that in other cultures, consent can be community-based. Other references to ‘community’ are related to the novel principle of benefit sharing in the context of bioprospecting. The application of this principle necessarily (...) requires the identification and construction of communities. On the global level there are also new uses of the concept of community as ‘global community.’ Three uses are distinguished: (1) a diachronic use, including past, present, and future generations, (2) a synchronic ecological use, including nonhuman species, and (3) a synchronic planetary use, including all human beings worldwide. Although there is a tension between the communitarian perspective and the idea of global community, this article argues that the third use can broaden communitarianism. The current development towards cosmopolitanism is creating a new global community that represents humanity as a whole, enabling identification of world citizens and evoking a sense of global solidarity and responsibility. The emergence of global bioethics today demonstrates this development. (shrink)

This book is the first systematic, detailed treatment of the approaches to ethical issues taken by biotech and pharmaceutical companies. The application of genetic/genomic technologies raises a whole spectrum of ethical questions affecting global health that must be addressed. Topics covered in this comprehensive survey include considerations for bioprospecting in transgenics, genomics, drug discovery, and nutrigenomics, as well as how to improve stakeholder relations, design ethical clinical trials, avoid conflicts of interest, and establish ethics advisory boards. The expert authors (...) represent multiple disciplines including law, medicine, bioinformatics, pharmaceutics, business, and ethics. (shrink)

The concept of benefit sharing pertains to the act of giving something in return to the participants, communities, and the country that have participated in global health research or bioprospecting activities. One of the key concerns of benefit sharing is the ethical justifications or reasons to support the practice of the concept in global health research and bioprospecting. This article evaluates one of such ethical justifications and its meaning to benefit sharing, namely justice. We conducted a systematic review (...) to map the various principles of justice that are linked to benefit sharing and analysed their meaning to the concept of benefit sharing. Five principles of justice have been shown to be relevant in the nuances of benefit sharing in both global health research and bioprospecting. The review findings indicate that each of these principles of justice provides a different perspective for a different benefit sharing rationale. For example, commutative justice provides a benefit sharing rationale that is focused on fair exchange of benefits between research sponsors and communities. Distributive justice produces a benefit sharing rationale that is focused on improving the health needs of the vulnerable research communities. We have suggested that a good benefit sharing framework particularly in global health research would be more beneficial if it combines all the principles of justice in its formulation. Nonetheless, there is a need for empirical studies to examine the various principles of justice and their nuances in benefit sharing among stakeholders in global health research. (shrink)

This article reformulates Stephan Helmreich´s the ¨microbiomisation of race¨ as the historiality of otherness in the foundations of human microbiome science. Through the lens of my ethnographic fieldwork of a transnational community of microbiome scientists that conducted a landmark human microbiome research on indigenous microbes and its affiliated and first personalised microbiome initiative, the American Gut Project, I follow and trace the key actors, experimental systems and onto-epistemic claims in the emergence of human microbiome science a decade ago. In doing (...) so, I show the links between the reinscription of race, comparative research on the microbial genetic variation of human populations and the remining of bioprospected data for personalised medicine. In these unpredictable research movements, the microbiome of non-Western peoples and territories is much more than a side project or a specific approach within the field: it constitutes the nucleus of its experimental system, opening towards subsequent and cumulative research processes and knowledge production in human microbiome science. The article demonstrates that while human microbiome science is articulated upon the microbial ‘makeup’ of non-wester(nised) communities, societies, and locales, its results and therapeutics are only applicable to medical conditions affecting rich nations (i.e., inflammatory, autoimmune, and metabolic diseases). My reformulation of ¨microbiomisation of race¨ as the condition of possibility of human microbiome science reveals that its individual dimension is sustained by microbial DNA data from human populations through bioprospecting practices and gains meaning through personalised medicine initiatives, informal online networks of pseudoscientific and commodified microbial-related evidence. (shrink)

. In his writings, Francis Bacon emphasized the interrelatedness between the migration of people and knowledge, arguing that Europeans of his time had surpassed the greatest civilizations because of their ability to traverse the world freely. Concentrating on Spanish observers who investigated New Spain’s flora, this article bridges theory and practice by examining the Iberian roots of Bacon’s views. The article examines scientific approaches for acquiring bioknowledge by Iberians who specialized in European medicine, including Francisco Hernández, Juan de Cárdenas and (...) Francisco Ximénez. While the article recognizes the contribution of travellers and expatriates to Spain’s bioprospecting project, it also points to the ways in which the limitations of the transfer of botanical information was acknowledged and discusses its meaning. By presenting the complexities in the communication of knowledge, I argue, naturalists in the colonies could highlight their unique vantage point in relation to “armchair” specialists in the metropole. (shrink)

This essay explores how indigenous knowledge about plant and animal remedies was gathered, classified, tested, and circulated across wide networks of exchange for natural knowledge between Europe and the Americas. There has been much recent interest in the “bioprospecting” of local natural resources—medical and otherwise—by Europeans in the early modern world and the strategies employed by European travellers, missionaries, or naturalists have been well documented. By contrast, less is known about the role played by indigenous and Creole intermediaries in (...) this process. And yet, the transmission of knowledge between indigenous communities and the European cabinet was neither transparent nor natural, and often involved epistemological, linguistic, and religious obstacles. Drawing on printed and manuscript collections of indigenous remedies, written in colonial Mexico between the sixteenth and the eighteenth centuries, I focus on how local intermediaries, like creoles scholars, sought to overcome such obstacles by observing indigenous uses of remedies, by studying indigenous languages and by producing natural histories and pharmacopoeias in indigenous languages. Ultimately, behind the Creole participation in the transmission of indigenous remedies, one can point to political and cultural interests and to inclusive definitions of knowledge, which cut across oppositions between science and superstition, cabinet and field, centre and periphery. (shrink)

Technical developments have profound social and environmental impacts. Both are observed in the implications of regimes of instrumentality for commons access regimes. Establishing social, material, ecological, intellectual, and moral infrastructures, technologies are partly constitutive of commons access and may militate against governance according to principles of ecological justice. This article examines the relationship between regimes of instrumentality and commons access regimes, exploring the effects of bioprospecting on the biodiversity commons.

Globalization, as a technological and economic phenomenon, asserts specific models for the governance of common resources. In particular, the technological and economic impulses of globalization further the capitalization of nature. This process is evident in the regionalization of bioprospecting efforts in Mesoamerica.

Evidence shows that knowledge concerning medicinal plants is heterogeneous, as the majority of people in a medical system know only a few plants. This heterogeneity may make sense from an adaptive viewpoint, as human beings tend to keep a small set of information that offers adaptive advantages because our brains can store limited amounts of data. From this scenario, we developed the structural core concept for medical systems: a group of medicinal plants with adaptive characteristics that affect the structure and (...) function of medical systems. We created a set of hypotheses based on the structural core concept to guide future studies investigating the structure and dynamics of local medical systems. Concerning the dynamics of medical systems, we suggest that the structural core is the part of the system that changes least over time, i.e., it is the most conservative. Thus, we can expect that species substitution events mainly occur outside of the structural core. From the medical system structure, we indicate that core plants tend to be favored in the transmission of knowledge. These plants also serve as a model for the selection of novel medicinal plants and are therefore an important factor for the medical system structure. Analysis of the structural core can help the understanding of the structure and dynamics of medical systems and can aid future bioprospecting studies, which can search for plants with pharmacological potential using the structural core. (shrink)

Indigenous knowledge is the dynamic information base of a society, facilitating communication and decision-making. It is the cornerstone of many modern-day innovations in science and technology. It is also a ready and valuable resource for sustainable and resilient livelihoods, and attracts increasing public interest due to its applications in bio-technology, health, bioprospecting, pharmaceuticals, agriculture, food preparation, mathematics and astronomy. INDIGENOUS KNOWLEDGE OF NAMIBIA is a fascinating compendium aimed at a wide readership of academics and students, government officials, policy makers, (...) and development partners. The 17 chapters examine the indigenous knowledge of medicinal plants for treating HIV/AIDS, malaria, cancer, and other microbial infections of humans and livestock; indigenous foods; coping and response strategies in dealing with human-wildlife conflicts, floods, gender, climate change and the management of natural resources. A new rationalisation of adolescent customary and initiation ceremonies is recommended in response to the HIV/AIDS pandemic; and a case study of the San people of Namibia speaks to the challenges of harmonising modern education with that of indigenous people. (shrink)

This dissertation is informed by the general project of applying ethics to intellectual property, and focuses on a matter of particular concern within the field of applied bioethics, in conjunction with business ethics. Ensuring access to life-saving medical treatments for those in need of them is of crucial contemporary relevance. This line of enquiry led me to a specific question, which provides a conceptual framework for this work. That question is the following: should patents on pharmaceuticals be prohibited or restricted (...) in order to achieve that objective? ;To address that question, I use a very old and familiar example of a thought experiment, namely the Heinz dilemma, to make the case for paying attention to intellectual property issues. The Heinz dilemma is the focus of Chapter One. In Chapter Two, I endorse the application of mid-level principles in applied ethics. I elaborate on the mid-level principle of "economic efficiency" in Chapter Three, and then examine the "social responsibility of business" principle in Chapter Four. ;I recommend a relatively anti-theoretical approach to applying ethics to intellectual property issues. It is easier, I suggest, to appreciate the merits of such approaches if one first acquires an appreciation for the wonders and perplexities of intellectual property jurisprudence. To that end, Chapter Five contains background material on the particulars of intellectual property jurisprudence, especially patent law. In it, I contrast patents with trade secrecy protection, and briefly discuss compulsory licensing, stockpiling provisions, infringement exemptions. In Chapter Six, I survey the economic literature on patents and the debates over increased innovation as a desirable social goal. I propose several concepts---namely, technique, proportional property rights and the enhancement effect---which can contribute to a clearer understanding of what is at stake in the debates. ;The next three chapters, Seven to Nine, each deal with a different objection to patent protection in the context of biotechnology. Chapter Seven addresses the objections to bioprospecting. Chapter Eight deals with the objections to the increasing commercialization of medical research. Then Chapter Nine explicitly tackles the objections to unreasonable pricing practices, the ones so frequently charged against pharmaceutical patents, in particular. Lastly, I explore a range of policy options, alternatives to altering the scope or availability of patent protection, which may more effectively address the specific problem of ensuring access to innovative medical treatments. (shrink)

This paper examines the concept of biopiracy, which initially emerged to challenge various aspects of the regime for intellectual property rights (IPR) in living organisms, as well as related aspects pertaining to the ownership and apportioning of benefits from ‘genetic resources’ derived from the world’s biodiversity.This paper proposes that we take the allegation of biopiracy seriously due to the impact it has as an intervention which indexes a number of different, yet interrelated, problematizations of biodiversity, biotechnology and IPR. Using the (...) neem tree case as an example, it describes activists’ use of the term as one that involves a deliberate simplification of science and IPR. Additionally, it argues that in so doing, biopiracy is positioned as a touchstone that mobilizes actors and problems, and ultimately generates ‘solutions’ to the very challenges it creates.The paper will also encourage a view of biopiracy claims that does not always treat them simply as claims of theft, or as a misallocation of benefits, but rather as claims that are designed to raise broader questions about the IPR system itself. It concludes by advocating that, in order to properly understand how to address biopiracy, we must be prepared to move beyond the current narrow readings to develop a more complete picture of the term’s influence in challenging how, and by whom, the decisions about what is natural and what is invented come to be made. (shrink)

Waters aries that the demands of indigenous bio-prospecting programs need to be considered against the needs of indigenous communities. Issues of sovereignty and rights to self-determination need to be resolved in the context of negotiating bio-prospecting plans. By setting out clear guidelines and priorities, as determined through the eyes and values of indigenous peoples, indigenous communities may have an opportunity to participate in the global sharing of biomedical information and healing for all our relations. Before any projects get underway, however, (...) social, political, and legal issues ought to be settled so that informed decision can be made on the part of indigenous communities to partake of the invitation to bio-prospecting, or not. (shrink)