Prospecting for biodiversity: The search for legal and institutional frameworks

Abstract

For several decades, pharmaceutical companies have engaged in bioprospecting activities in developing countries. However, in many cases, these companies have failed to compensate local peoples for their knowledge used in the production of drugs. Consequently, these activities have been subject to intense scrutiny at the national and international level. This awareness has contributed to the elaboration of international laws and novel bioprospecting initiatives. The Convention on Biological Diversity (CBD), laws that regulate access to genetic resources, and the International Cooperative Biodiversity Groups (ICBGs) are approaches that address unique issues pertaining to bioprospecting of genetic resources. However, these approaches are not flawless. They are experiments that need to be tested and analyzed. The main objectives of this dissertation are to: (1) analyze the relationship between these approaches and how they address the issue of bioprospecting; and (2) identify bioprospecting guidelines to facilitate the implementation of future bioprospecting projects. These objectives are addressed through the analysis of a conceptual framework for the implementation of the ICBGs. According to this framework implementation of the ICBGs should be made according to the following four factors: (1) the CBD, (2) contractual relationships between parties of bioprospecting groups, (3) contractual provisions of bioprospecting agreements, and (4) in-country laws, policies and the organizational structure of the government. These factors have and will continue to affect the implementation of the ICBGs and other bioprospecting groups. A thorough analysis of them in the context of the ICBGs and in comparison to other projects provides elements for the identification of valuable lessons for future bioprospecting initiatives.