BACKGROUND:

It has now been established that a two-year regular conference on
medicinal plants and related issues is to be organised in parallel to
each COP/CBD. It is in this context that another conference is planned
to be held on 10-13 April 2002 as a parallel event of the next
Conference of Parties (COP-6) to the Convention on Biodiversity (CBD)
scheduled to take place in The Hague, Netherlands, 7- 26th of April
2002. The main topic to be addressed by the Conference is Medicinal
Plants, Indigenous Knowledge and Benefit Sharing.

The conference will contribute to the outcomes of the COP-6 for issues
relating to benefit sharing, indigenous biodiversity and health
knowledge and protection of intellectual property rights; The last
international Conference was organised on Medicinal Plants, Traditional
Medicine and Local Communities in Africa and took place in Nairobi,
Kenya, at the International Centre for Research in Agroforestry (ICRAF)
from 16-19 May 2000. The conference was organised as a parallel session
to the Conference of Parties (COP-5) to the Convention on Biodiversity
(CBD), Nairobi, Kenya, and 15-26 May 2000. It is expected that the
conference will attract more than 300-400 international delegates,
representing major stakeholders from all continents.


CONFERENCE SCOPE AND AIMS:

The need for internationally agreed methodologies for giving effect to
the equity provisions of the Convention on Biological Diversity (CBD) is
now widely recognized. The issue of benefit sharing has received
considerable attention during the last decade.

Article 15 of CBD recognizes that "States have sovereign rights over
their own biological resources". It also recognizes "the close and
traditional dependence of many indigenous and local communities
embodying traditional lifestyles on biological resources, and the
desirability of sharing equitably benefits arising from the use of
traditional knowledge, innovations and practices relevant to the
conservation of biological diversity and the sustainable use of its
components".

Article 8(j) of the Convention on Biological Diversity (CBD) calls on
the Contracting Parties to respect, preserve and maintain the knowledge,
innovations and practices of indigenous and local communities embodying
traditional lifestyles. It also calls for the equitable sharing of
benefits arising form the utilization of such knowledge, innovations and
practices. The issue of integrating equity principles in benefit sharing
arrangements has been under the consideration of the Contracting Parties
(COP) since the 3rd meeting of COP held at Buenos Aires in 1966.

The absence of an internationally agreed methodology for sharing
economic benefits from the commercial exploitation of biodiversity with
the primary conservers and holders of traditional knowledge and
information is leading to a growing number of accusations of biopiracy
committed by business and industry in developing countries. Biodiversity
in both developing and developed countries has been accessed for a long
time, for various purposes, by outside researchers, private companies as

well as local communities, with little or no returns to conservation
activities.

Bioprospecting has been practised for many years in different forms but
in more recent times in particular with the development of CBD, the
issue of sharing of benefits arising from bio-prospecting has attained
significance.

However, certain critical issues remain unresolved, particularly in
relation to how to go about legalizing and formalizing the
bio-prospecting process in a way which ensures that there is full and
prior informed consent of fair and equitable benefit sharing with the
originator of the knowledge and resource that enable the
bio-prospecting.

On the other hand, traditionally, bioprospecting in developing countries
has been the preserve of field researchers in universities and botanical
gardens. Indeed, until recently, most bioprospectors in developing
countries have been individual professors or collectors who collected
samples on contract with foreign companies or sold samples left over
from research expeditions. These small-scale activities added little
value to the biodiversity resource and in any case, are now likely to be
discouraged by national legislation implementing the Biodiversity
Convention.

There has been a recent growth of interest in traditional medicine from
the international pharmaceutical industry, as well as from the national
product industry in Europe and America. Traditional medicine has become
to be viewed by the pharmaceutical industry as a source of "qualified
leads" in the identification of bioactive agents for use in the
production of synthetic modern drugs.

Bioprospectors express optimism that they can help to implement the 1992
Convention on Biological Diversity by encouraging biodiversity,
conservation and stimulating capacity building in developing
countries.Many indigenous people and local communities however, are
sceptical of existing bioprospecting agreements.

Those concerned with the development of bio-resources for human health
recognise that when local custodians of biodiversity benefit from their
sustainable use by others, conservation opportunities increase. The CBD
codifies this benefit-sharing principle, but the absence of applicable
instruments to equitably compensate all stakeholders within a country
leaves it largely untested.

A large portion of the population in a number of developing countries
still relies mainly on traditional practitioners, including traditional
birth attendants, herbalists and bone-setters, and local medicinal
plants to satisfy their primary health care needs. Practices involving
use of traditional medicine vary greatly form country to country and
from region to region as they are influenced by factors such as culture,
mentality and philosophy.

Despite its existence over many centuries and its expansive use during
the last decade, in most countries, traditional medicine, including
herbal medicines has not yet been officially recognized, and in most
countries the regulations and registration of herbal medicines have not
been well established.

Furthermore research and training activities for traditional medicine
has not received due support and attention. As a result, the quantity
and quality of safety and efficacy data are far from sufficient to meet
the demands for the use of traditional medicine in the world.

Safety and efficacy data exist only in respect of much smaller number of

plants and their extracts and active ingredients, as well as
preparations containing them.

Reasons for the lack of research data involve not only policy problems,
but also the research methodology for evaluating traditional medicine.
There is literature and data on the research of traditional medicine in
various countries, but all scientists may not accept them. There is a
need for validation and standardization of phytomedicines and
traditional medical practices so that this sector can be accorded its
rightful place in the health care system.

As the characteristics and applications of traditional medicine are
quite different form western medicine, how to evaluate traditional
medicine and what kind of academic research approaches and methods may
be used to evaluate the safety and efficacy of traditional medicine are
new challenges which have emerged in recent years.

Along with increased interest in medicine is an increased interest in
the safety aspects of the practice of herbal medicine. Private sector
involved in the business of herbal drugs should take responsibility and
ensure the safety and efficacy of the preparations that they put on the
market.

The private sector (e.g. biotechnology industry) plays a crucial role in
developing economic activities relating to herbal bioprospecting, using
the skills and knowledge of local peoples and compensating them for
their knowledge. Governments can promote such involvement, by improving
co-operation between public organizations and companies established to
improve biotechnology research and training, providing incentives for
private companies to contribute to biodiverstity, and establishing
policies, which promote the involvement of the private sector in
biodiversity conservation.

In the last few years developing countries have felt the increasing
pressure of what has now become known as bioprospecting and biopiracy.
The pressure has come especially in the sector of traditional medicine.
Given the fact that in most countries, very little legislation is in
place, civil society groups and governments have reacted increasingly
strongly. Communities are looking for concrete short-term benefits and,
in most cases, monetary benefits. Therefore they would not be interested
in long drawn out access and benefit agreements. There is a need for
funding agencies and bioprospectors to start funding the communities or
the service providers to communities to work through the process of
value addition to both potential and existing products, through a bottom
up approach.

Currently this aspect of the debate on access and benefit sharing has
not received much attention, as the focus has been on the development
and establishment of policies and legislation. It is clear that many
local and indigenous communities will not be able to go through this
process alone and would need assistance and capacity development.

Many legal and practical problems relating to protection of IPR remain
yet to be fully understood and addressed: the collective
ownership/custodianship of traditional medicine; the problem of
ownership and exercise of rights in traditional medicinal knowledge
which exists across different countries in a region; practical means for
the exercise and management of rights; mechanisms for application of
customary law to protection of traditional medicine; and the need for
comprehensive documentation standards, for traditional medicine.

In order to achieve better understanding and wider consensus of these
issues it is necessary to address basic conceptual problems and test
practical solutions to the protection of traditional medicine. There is
a need to continue debate with true stakeholders-practitioners of
traditional medicine, representatives of the medical community, the
pharmaceutical and biotechnology industries, intergovernmental
organizations, etc. Lasting solutions can only be found if all
stakeholders work together in good faith and bring their specific
expertise and experience towards a common understanding and solution of
the problems.

This conference will provide an opportunity to bring together key
stakeholders and appraise the initiatives that have been undertaken to
address the requirements of the CBD under article 15 and 8(j) and
contribute significantly to the process of meeting requirements. It will
identify needs and opportunities in the area of bioprospecting and
benefit sharing for development of medicinal plants and phytomedicines.

Some countries have made considerable progress in this area, therefore
invitations will be extended to selected countries from these regions to
share and gain from their experience.

The conference will adopt resolutions and recommendations, which will
include proposals for future work.

The event should cover the multi-faceted dimensions of medicinal plants,
traditional medicine, natural products, indigenous knowledge,
bioprospecting and benefit sharing: the scientific, ethical, and safety
issues as well as the regulatory, IPR, trade and economic issues. Too
frequently in the past these issues have been discussed in separate and
uncoordinated forums, where all stakeholders were not represented. Thus
we must bring representation from the ministries of agriculture,
environment, health, education, scientific research, foreign affairs and
international economy and trade, Intergovernmental Organizations (the
WTO, OAU, FAO, WHO, UN, UNEP, CBD, WIPO, Biotrade Initiative, etc.),
pharmaceutical industry, practitioners of traditional medicine,
non-governmental organizations (NGOs), ethnobotanical and medical
research institutions, traditional doctors and herbalists,
representatives of indigenous and local communities.

To address all these issues what do we need in terms of international,
regional, national and local (institutional) regulations? The role of
the governments? Of professional associations? The scientists
themselves? The harmonization of regulations.

What should governments do? How and where should the private sector
invest? The role of the media, the role of the civil society. The role
of international bodies. Partnerships, with whom?

Can the conference provide a platform for new alliances ? South/South
collaboration, North/South collaboration,
international-regional-national-local alliances? Government, NGOs,
farmers' groups, research labs and the private sector? public/private
partnerships? How? Where?


CONFERENCE OBJECTIVES:

The objectives of the conference are described as follows:

· To contribute to the outcomes of the COP-6 for issues relating to
benefit sharing, indigenous health knowledge and protection of
intellectual property rights;
· To identify key challenges, experiences and opportunities in promoting
natural products business and bioprospecting for conservation pertaining
to medicinal plants;
· Review current status of legal, policy and institutional framework
formulated to intellectual property rights, access to medicinal plant
genetic resources and benefit sharing.
· Share experiences from different regions on IPR, access to Natural
Products Genetic Resources and benefit sharing.
· Provide an opportunity for participants to gain a clear understanding
of alternative financial and technical assistance options available to
support their investments in the bioprospecting programmes.
· Enable mutual understanding and in benefit sharing, bioprospecting
related collaboration to medicinal plants and other natural products.
· Identify feasible approaches for sharing benefits with local
communities and for implementing the equity provisions of CBD.

CONFERENCE TOPICS:

The following is a brief outline of the eight topics to be covered.

· Mechanism, strategies, partnership and co-operation for encouraging
bioprospecting-based business in medicinal plants and phytomedicines.
· Status of benefit sharing, indigenous knowledge and medicinal plants
· Benefit sharing and development of and collaboration with indigenous
peoples and local communities (mechanisms, models and case studies)
· Options for national policies and legislation to access genetic
resources and legal and financial aspects related to benefit sharing.
· Prospects for private sector participation in Biodiversity Prospecting
in developing countries
· Perspectives on the trade and benefit sharing in traditional medicinal
plants
· Benefit sharing and Intellectual Property Rights Protection in the
field of Bioprospection, Pharmacology and Traditional Medicines
· Options for legislation, policies and incentives to add value to
medicinal plant genetic resources and increase capacity in
bioprospecting
· Improvement of the multidisciplinary information on medicinal plants
needed for conservation, agriculture, primary health-care and
manufacturing activities
· Current trends in the protection of intellectual property rights in
the field of traditional medicines
· The economic significance of traditional medicinal knowledge and
systems
· The enhancement of medicinal plant usage through intellectual property
rights, capacity building and information technology and transfer
· Developing and using indigenous and traditional knowledge for
promoting bioprospecting for the benefit of all stakeholders involved.
· Validation, standardization and value addition in phytomedicines

An exhibition of natural plant products will be organised at the
conference.
Symposiums, workshops and working groups may be organised for in-depth
discussions on topics identified as important in the area of medicinal
pants and traditional medicine.