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Pure Appl. Chem., Vol. 68, No.12, pp. 2325-2332, 1996


Preservation and utilization of natural biodiversity in context of search for economically valuable medicinal biota
(Technical Report)

> Abstract
> Background
> Issues
> Recommendations
> Appendices
  1. The Manila Declaration
  2. The Melaka Accord


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.


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