66issues in bioprospecting

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    Issues in Bioprospecting: Lessons fromthe Field

    P. PushpangadanNational Botanical Research Institute

    Rana Pratap Marg, Lucknow-226001

    IUCN South Asia Regional Training Programme on Bioprospecting,

    Access and Benefit Sharing, NBRI, 10-12, January 2005

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    The systematic search for genes, naturalcompounds, designs and whole organisms inwild life with a potential for productdevelopment by biological observation, and

    biophysical, biochemical and geneticmethods without disruption to nature.

    - Nicolas Mateo et al., 2001

    WHAT IS BIOPROSPECTING?

    Exploration of biodiversity for commerciallyvaluable genetic and biochemical resources

    - Eisner 1989, Reid et al. 1993

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    Chemical prospecting

    Drug and pharmaceuticals Pesticides Cosmetics Food additives

    Other industrially valuablechemical products

    Gene prospecting

    GeneticEngineering

    Crop development

    Fermentation Cell culture

    Bionic prospecting

    Designs Sensor

    technologies Architecture Bioengineering Bio-modeling

    Bioprospecting: Major Areas

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    RAW OR VALUE ADDED MATERIALS/DERIVATIVES

    (GENETIC RESOURCES / TK)

    MARKETING

    LEAD BASED or

    MECHANISM BASED

    COLLECTION, SOURCING, ACQUISITION

    (Through PIC, MAT, and MTA)

    EXTRACTION SCREENING

    RANDOM PRIMARY SCREENS

    BIOMOLECULES BIOLOGICAL ACTIVITY/GENES TRAITS

    ISOLATION & CHARACTERIZATION

    STRUCTURAL ELUCIDATION

    TRIALS & TESTS(CLINICAL, GENETIC STABILITY, BIOSAFETY)

    IPR GENERATION / PROTECTION

    BENEFIT SHARING

    SECONDARY SCREENS

    PRODUCT DEVELOPMENT

    Bioprospecting : Essential elements

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    Bioprospecting: Major Areas

    Biodiversity &IPR/TK

    Sustainableuse

    Benefitsharing Bioinformatics

    IPR

    Biotechnology

    Informationtechnology

    Herbaltechnology

    Bioprospecting

    Conservation

    Drug Development

    Pharmaceuticals

    Agro-chemistry

    Cosmetics

    Proteins

    Enzymes

    New crop varieties

    GMOs

    GM Foods,Designs. etc

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    Selection of molecular targetPurification of reagents

    Development of assay

    Drug design IDENTIFICATION

    OF LEAD

    Natural product

    screeningSynthesis & SARA

    studiesSelection development

    candidateCompound bankscreening

    Combinatorial

    chemical libraries

    Elements of Natural ProductMechanism-based Screening

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    SECONDARY SCREENS

    Elements of Natural ProductDiscovery-Random Screening

    ACQUISITION

    Raw material: field collections, culture collections, screening libraries, etc

    EXTRACTION

    PRIMARY SCREENS

    ISOLATION & CHARACTERIZATION

    STRUCTURAL ELUCIDATION

    PRE-CLINICAL & CLINICAL DEVELOPMENT

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    Prospecting for drugs and pharmaceuticals from traditional knowledge(Ethnopharmacological Approach)

    Bioactive Molecules

    Product Development & Pharmaceutics: Dosage Forms

    TOXICOLOGICAL AND EFFICACY EVALUATION

    Activity Guided Isolation

    Selection of Effectivecombinations of extracts

    Pharmacodynamics

    Pharmacokinetics

    Multi-centric, Randomized,Clinical Trials

    Final Product

    Marketing & Benefit Sharing with the Traditional Communities

    Interaction with Traditional communities and obtaining Ethno medicalinformation with Prior Informed Consent

    Selection of Potential Herbal(s)/Formulation(s)

    Literature Survey

    Development of Scientifically

    Validated herbaldrugs/formulations

    Clinical Dosage forms

    Safety Efficacy Evaluation

    The Product Development

    Shelf Life Studies

    Clinical Trials

    Final Product

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    Bioprospecting Programmes -Examples

    InBio Merck Agreement:

    Beginning of a Bioprospecting Era

    Shaman Pharmaceuticals

    International CooperativeBiodiversity Groups (ICBG)

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    Bioprospecting Programmes :Examples from India

    CSIR Coordinated Programme on DrugDiscovery (1996- )

    New Millennium Indian TechnologyLeadership Initiative (NMITLI)Planning Commission/CSIR(2002- )

    Dept. of BiotechnologyBioprospecting and MolecularTaxonomy Programme(1998- )

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    Issues of Bioprospecting

    Access Norms and Policies

    Ownership and Sovereign Rights onBiodiversityWho owns the resources?

    Prior Informed Consent (PIC)

    Principles and Practices Mutually Agreed Terms (MAT)

    Material Transfer Agreements (MTA)

    Access and Benefit Sharing (ABS)

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    Issues of Bioprospecting(Contd..)

    Access and Benefit Sharing (ABS)Benefit Sharing

    Monetary Benefits

    Access fees.

    Up

    front payments. Milestone payments. Sharing of Royalties. License fees in case of commercialization. Special fees to be paid to trust funds supporting

    conservation and sustainable use of biodiversity. Salaries and preferential terms on mutually

    agreed terms. Research funding. Joint ventures. Joint ownership of relevant intellectual property

    rights.

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    Issues of Bioprospecting(Contd..)

    Access and Benefit Sharing (ABS)

    Benefit Sharing Non-monetary Benefits

    Sharing R&D results Collaboration in S&T and development

    programmes (Biotechnology) Participation in Product Development Collaboration in Education and Training Admittance to ex situfacilities and databanks Institutional Capacity Building Human Resource Development Information Exchange Contribution to Local Economy Contribution to other domestic benefits Food and Livelihood security benefits Social Recognition Joint IPRs

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    Issues of Bioprospecting(Contd..)

    Conservation of biodiversity.

    Sustainability of Genetic Resource Stocks

    Uncertainties and opportunistic behaviors Success rate of bioprospecting programmes

    Market Trends National and International Legal and Policy

    Environment

    Capacity Building in Biodiversity inventorying,

    and bioprospecting technologies Biotechnology

    Herbal Technology

    Information Technology

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    Issues of Bioprospecting(Contd..)

    Intellectual Property Rights(IPR)Protection

    Traditional Resource Rights of

    Indigenous Communities Bioethics and Biosafety

    Transgenics

    Transgenic foods

    Transgenic medicines

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    Tribal Settings in India

    India has over 70 million tribals

    belonging to over 550 communitiesinhabiting in 5000 villages located

    in and around forests region of the

    country.

    About 217 different dialects are

    spoken by tribal communities in

    India.

    Benefit sharing with an indigenouscommunity (tribe) A Case Study

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    Population of the individual tribe is as large as

    about 5 million in Madhya Pradesh and as small

    as 21 like Onges of Andaman Islands.

    Tribal Settings in India

    The tribals in the country occupyabout 18.74% of the total area of the

    country, mainly in the hilly and forestareas of 19 states and unionterritories.

    Benefit sharing with an indigenoustribe (Contd..)

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    10000 plant species are used by tribes of India

    Total10000species

    8000Medicinal

    Pesticides

    Gums, Resins &

    Dyes

    Benefit sharing with an indigenoustribe (Contd..)

    fi h i i h i di

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    TH

    E

    INDIAN

    FLORA(

    ca17500

    species)

    Medici

    na

    lPlan

    tsare

    used

    byTr

    ibal

    Communities(oral)

    8000 species

    Ayurveda900 sp.

    Unani700 sp.

    Siddha600 sp.

    Amchi250 sp.

    INDIAN

    SYST

    EMSOFME

    DICINE

    Modern

    30 sp.

    Benefit sharing with an indigenoustribe (Contd..)

    fi h i i h i di

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    The Kani experiment

    During the course of an ethnobotanical

    exploration, Pushpangadan and co-workers

    (1987) came across an interesting use (anti-

    fatigue) of a lesser known wild plant while

    conducting the study on the forest dwelling

    Kani Tribe of South Western Ghat

    mountains.

    Benefit sharing with an indigenoustribe (Contd..)

    B fi h i i h i di

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    Kani, a semi-nomadic tribal communityinhabits in the forested mountains in andaround Agasthyamalai of the southern WesternGhat region of India. Their population as per the

    1991 census of India is 1618.

    The Kani Tribe

    Benefit sharing with an indigenoustribe (Contd..)

    B fi h i i h i di

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    In December 1987, a team of scientistsled by Dr. Pushpangadan was conducting anethno-botanical survey and exploration in the

    Agasthya hills, of the Western Ghats in SouthIndia with the help of two young Kani men asguides.

    During this visit, the author and his

    colleagues noticed that the Kani men were nottaking any food and were eating only somesmall dry fruits. But they were quite energetic

    and agile.

    Interaction with Kani Tribe

    Benefit sharing with an indigenoustribe (Contd..)

    B fit h i ith i di

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    After a strenuous mountain trek, the

    author (Pushpangadan) and colleagues got

    exhausted and were taking rest. Then the

    Kani men accompanying them offered

    those dry fruits saying that when

    Interaction with Kani Tribe

    consumed they would

    reduce fatigue andprovide energy.

    Benefit sharing with an indigenoustribe (Contd..)

    B fit h i ith i di

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    Collected adequate samples of this plant fordetailed investigations at Regional ResearchLaboratory, (RRL), Jammu. Soon after reaching

    back at RRL, Jammu, Dr. Pushpangadan

    Scientific Investigations

    conducted the firstscientific test to

    validate the Kanisclaim on the anti-fatigue property ofArogyapacha.

    Benefit sharing with an indigenoustribe (Contd..)

    B fit h i ith i di

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    Three patents on the differentpharmacological activities of the

    compounds isolated from this plant were

    made by RRL, Jammu.

    Filing of patents

    Benefit sharing with an indigenoustribe (Contd..)

    B fit h i ith i di

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    Within a period of seven years a scientifically

    validated, standardized herbal formulation

    Jeevani was formulated with Trichopus

    zeylanicusand threeother medicinal plants as its

    ingredients. Evaluations related to toxicity,

    efficacy, shelf life and clinical properties were

    carried out by TBGRI, and the drug was ready by

    the end of 1994.

    Drug Jeevani was ready

    Benefit sharing with an indigenoustribe (Contd..)

    Benefit sharing with an indigenous

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    After the necessary

    pharmacological

    evaluation andclinical study, the

    drug was released for

    commercialproduction.

    Drug Jeevani was released

    Benefit sharing with an indigenoustribe (Contd..)

    Benefit sharing with an indigenous

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    However, it took almost two years to transfer

    this benefit to be transferred to the Kani tribedue to inherent problems of the tribe.

    Kani tribe is an unorganized semi-nomadic

    forest dwelling tribe. They later organized

    themselves and formed a trust with over 50% of

    adults from Kani Tribe as its members.

    Bottlenecks in implementation ofthe same

    Benefit sharing with an indigenoustribe (Contd..)

    Benefit sharing with an indigenous

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    TBGRI transferred the money due to Kanitribe (Indian Rupees 650 thousand) in Feb

    1999. They are now regularly getting 50%

    of royalty.

    Actual transfer of moneyto Kani tribe

    Benefit sharing with an indigenoustribe (Contd..)

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    Past Present

    DWELLING

    Impact on Removing Poverty fromthis Initiative

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    LIVING CONDITIONS

    Impact on Removing Poverty fromthis Initiative

    Past Present

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    Bioprospecting Contracts

    Any Bioprospecting contractshould include:

    Entry of access fee

    Collection fee for samplescollected

    Processing fee for processingdone, if any

    Royalty on the final product

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    Contract on Access to TraditionalKnowledge could include:

    Access or consent fee for obtaining theconsent of the appropriate community foraccessing closely held knowledge that is

    protected through a sui generislegislation An access fee for accessing information

    containing in biodiversity registers or otherdocuments in the case of public domain or

    quazi public domain knowledge.

    A royalty on the final product that isdeveloped from TK, by the bioprospector

    S f di f i di / l l

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    Survey, inventory & documentation of the indigenous

    knowledge system and preparation of community registers

    Preparation of Electronic Database

    (Access to Patent Office)

    Access to Database with prior informed consent

    Negotiation and signing of agreement(s)

    Commercialization of the products

    Benefit sharing with the indigenous/ local communities

    Development of marketable product/s (with S&T intervention)

    Safeguarding IPRs of indigenous/ localcommunities and Benefit-sharing

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