The BIO-EARN Newsletter 

A Publication from the BIO-EARN Regional Coordination Office

No 2, December 2006

Collaborations and Issues of Access/Benefit Sharing

Collaborations
To enhance collaboration and creation of synergies - between t
he BIO-EARN Programme and other biotechnology players in the region - the Regional Coordination Office has attended meetings organized by ASARECA, Programme for Biosafety Systems (PBS), International Livestock Research Institute (ILRI), Nairobi etc. Similarly, the Coordinator of the ASARECA Biotechnology/Biosafety Programme participated in the BIO-EARN PDP/IP policy workshop and shared views with participants on ASARECA IP policy that is being developed. Collaborative efforts with other actors in the region are intended to avoid duplication, promote synergism and complementarity.

Issues of Access and Benefit Sharing
Large biotechnology and agro-based companies among others are relying more and more on research institutions for basic research required at the initial stages of development, as is the case with BIO-EARN funded projects. It is critical that they are informed of how the initial samples were accessed. 

Biological materials accessed from indigenous communities using their traditional knowledge without their prior informed consent and benefit sharing mechanisms has led to many litigations. Access to genetic materials without proper agreements e.g. material transfer agreements, has also brought a lot of misunderstandings across borders. It would be very unfortunate if it happened to BIO-EARN funded projects and BIO-EARN intends to mitigate such risks. Access and benefit sharing, together with prior informed consent, should always be considered in all BIO-EARN funded projects. This has become even more important with new rules which are likely to be put in place in relation to applications for patent protection relating to biological materials or to traditional knowledge. These include disclosure of the source and country of origin of biological resource and of traditional knowledge used in the invention, evidence of prior informed consent through the authorities of the relevant national regimes and evidence of fair and equitable benefit sharing under the national regime of the country of origin.
A BIO-EARN PAC member’s view: Prof. Julius W. Mwangi; Department of Pharmacology and Pharmacognosy, School of Pharmacy, University of Nairobi, P.O. Box 19767 00202 Nairobi.

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