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Juridical and sociocultural problems on the definition of a law concerning property, usage and access to genetic resources in Colombia.

The property, usage, and access to genetic resources, is today one of the primary topics in international business, as a result of the strategic importance of the resources for the biotechnology industry. Internationally, the sovereignty that each country has over its natural patrimony is recognized. However, the new laws of international marketing have obligated countries in the process of development, such as Colombia, to adopt and copy a concept of intellectual property on living resources that does not have anything to do with the country's sociocultural identity, and sometimes even does not take into account its material enjoyment. The new juridical movement that treats genetic resources as private property produces a cultural conflict between indigenous populations, Afro-Americans and peasants, because for them the genetic resources are an element of community life. In these communities, knowledge is freely transmitted; it is an understanding that they have to conserve their agricultural customs and the relationship that they have with the environment. They do not recognize the term "property' according to patenting laws. These elements have to be considered, respected, and guaranteed in the laws that recognize the genetic resources in the country. On the other hand, not even countries that are pioneers in biotechnological development can adopt a concept about patents that is in agreement with the particularities that the living materials possess. This is obviously the reason for the numerous discussions on the legal interpretation, as well as complicated debates in court. Confronting that situation, there are countries rich in biodiversity, such as Colombia, but which do not have a proper concept and are not economically strong in the international context. These countries have to copy inadequate protection policies that do not take into account all their rights. This paper describes some of the technical, juridical, and sociocultural difficulties which Colombia has to confront, in order to set a guideline on patenting living organisms, and on the access and usage of the genetic resources.

Breeding↗

Collection of biological materials in biodiversity prospecting in India: problems and solutions.

Forests are the chief resource for the collection and exploration of biological materials. The past few decades have witnessed a large scale deforestation in India due to substantial pressures generated by population growth, leading to demand for more land for agriculture, urbanization and industrial activities, in addition to increased demand for fuel wood and timber. This has resulted in the loss of soil cover, habitat destruction, environmental degradation and ecological imbalance. This scenario has created a progressive awareness for the conservation and restoration of habitats and, thus, the declaration of many forest areas into protected zones, such as national parks, biosphere reserves, etc., including the protection of some marine areas, by both the National and State Governments. Normally, permission for biological collecting is not granted in these protected areas. In India, forests are a State subject and grant for collection permission is vested with the State Forest Departments. In the absence of any rules, regulations and guidelines, either from National or State Governments, forest authorities impose their terms and conditions, which are arbitrary and even contradictory at times, in the process of granting collecting permits. A set of new rules to be applied throughout the country is needed.

Commerce↗

Rules and regulations of the Government of Vietnam on collection and exportation of biological materials.

Situated in Southeast Asia, with a tropical monsoon climate, Vietnam is covered by tropical rain forests over one-quarter of its surface. Forests have been extremely important in the country's economy and they will be essential in its future development. Forests contribute directly to the economy through the provision of building materials and energy and indirectly through foreign exchange earnings, which amount to about US$200 million annually. Forests play a key role in the conservation of biodiversity. They protect watersheds and thus contribute to flood control and water management in the highly productive delta regions. In order for the forests to contribute to the national economy, strong forest management institutions and proper policies are necessary. Forest land use and exploitation should be strictly controlled, and effective programs must be developed. The potential of the forests can only be realized on a sustainable basis through significant changes in current practices.

Commerce↗

Research, valorization and exploitation of biological resources for medicinal purposes in the Malagasy Republic (Madagascar).

Medicinal plants are widely used for treatment of diseases in Madagascar (the Malagasy Republic). Different types of users, including individuals, researchers, groups of researchers and State institutions use medicinal plants as crude materials either for trade, scientific investigations or export. To preserve these forest products for extended use, Malagasy legislation controls the collection of medicinal plants, especially those destined for export. However, according to the law, products coming from Malagasy medicinal plants are not patentable locally.

Commerce↗

Interests and policies of the state of Sarawak, Malaysia regarding intellectual property rights for plant derived drugs.

Sarawak, on the island of Borneo, is known internationally for its rich rain forests, flora and fauna. Its rain forests, occupying two-thirds of its geographical area shelters 2500 tree species, 5500 flowering plants and over 20 000 different kinds of animals and insects. Such abundance of plants, and in particular, in the variety thereof, have attracted the attention of scientists involved in the field of research into their potential medicinal value. Recent discovery that two species of Calophyllum tree in the rain forests of Sarawak produce active anti-HIV agents, has, no doubt, intensified interest in the State's plant resources for scientific research.

Antiviral Agents↗

Guidelines and policies on collection of biological specimens in the Philippines. Philippine Congress, International Convention on Biodiversity.

In October, 1993, 16 months after the United Nations approved the International Convention on Biodiversity held in Rio de Janeiro, June, 1992, the Philippine Congress ratified and adopted the Convention. This is a manifestation of the full support of the Philippines for the principles and policies adopted by the UN body on the conservation of biodiversity, sustainable development of biological resources and equitable sharing of benefits between users and owners of biodiversity resources. The Philippine scientific community has long recognized the need for and importance of a national guideline and policy with regard to the collection of plants and animals in the Philippines for scientific or commercial purposes. A series of consultative meetings were held by representatives of government agencies, non-government organizations, private organizations, academic and private persons concerned with biodiversity conservation to formulate national guidelines that regulate the collection of plant and animal specimens in the country. Guidelines were unanimously adopted by various government agencies and academia and a Memorandum of Agreement (MOA) was signed on September 28, 1990. Very recently a new document was drafted, specifically to serve as a guideline for those who desire to undertake sample collecting in the Philippines for biodiversity prospecting. The document is now being reviewed by government departments and agencies and will be presented to the President of the Philippines for signing as an Executive Order (EO). Once signed, this EO will serve as a national policy for bioprospecting in the country. The Philippines is one of the countries in Southeast Asia that has endorsed the adoption of regional guidelines on the collection of plant and animal organisms for drug development. The ASEAN Agreement on the Conservation of Nature and Natural Resources (1985). The Manila Declaration (1992) and lately, the Melaka Accord (1994), all of which were signed by various countries in Asia, are manifestations of this interest.

Ethics↗

Tanzania's policy on biodiversity prospecting and drug discovery programs.

Tanzania is endowed with a rich natural resource. The biodiversity comprises over 10,000 plant species, a rich fauna and marine resources. The collection of biological resources is guided by a set of formalities, namely: (i) entry visas, (ii) research permits, (iii) designation of a relevant collaborating host institution or organization, and (iv) eventual joint field work with the collaborating host institution. A facility exists whereby an institution within the country can collaborate with a technologically developed institution or country through mutual research agreement in short and long-term programs. In such a case, Tanzanian scientists collect and export biological materials for drug testing by the collaborating partner. The research agreement is based on the understanding that benefits of the discovery are shared among all parties, namely, the host country's collaborating institution(s), government and indigenous cultures. Rules and regulations governing biodiversity prospecting fall under the categories of (a) floristic resources, (b) fauna or animal substances and (c) marine biological resources. The collection and export of CITES-listed organisms is governed by a separate policy package. Various national institutions are directly involved in overseeing the implementation of these policies. In this paper, these are reviewed to accommodate new conventions concerning research management policies on biological diversity and the sustainable utilization and conservation of these resources.

Animals↗

Australian deliberations on access to its terrestrial and marine biodiversity.

The predominantly developed country business principle that the natural resource is effectively free, or of very low monetary value, has been significantly challenged in recent years, not only through the recognition of the accelerated rate of depletion of native forest resources and of the space and food demands of increasing populations, but also through international conventions which deal with a wide range of topics from the rights of indigenous people to the Law of the Sea Convention. Australia, classified as a developed country, but located in a geographic region of many developing countries, has, in the past 25 years, demonstrated particular concern for the rights of the people of those countries, as well as for the rights of indigenous people of Australia. The practical international aspects were clearly exemplified in the time, from 1985, when the Australian Institute of Marine Science (AIMS) negotiated, within the National Cancer Institute (NCI) contract, that collections of biological samples in developing countries would be accompanied by an agreement to provide benefits arising from field work, and from any commercial product developments, to those countries. Australia, as a signatory to the Convention on Biological Diversity (Appendix I), continues to analyze the challenge presented by the need to freely exchange genetic resources of common value, e.g. food crops, while insuring an appropriate reward to developing and developed countries, should discoveries be made from their biological resources, which lead directly or indirectly, to high value commercial non-food products. The Prime Minister's Coordinating Committee on Science and Technology established a special working group to recommend on access to Australia's biodiversity. The report arising from the study, and other related issues, are discussed.

Animals↗

Mechanism-based screens in the discovery of chemotherapeutic antibacterials.

Numerous assays have been developed over the last 40 years for the detection of novel antibacterial metabolites. I have discussed many of the successful strategies and suggested some potential targets. Although the trend toward mechanism-based assays is relatively recent, it is clear that they have had a profound impact on screening in drug discovery. Often a mechanism-based assay requires construction of specific strains and verification of the antibacterial role of the selected target. Since the conception and development of a mechanism-based screen depends upon knowledge of the specific target and perhaps a compound that affects that target, it is implicit that mode of action studies on compounds discovered through random screening may subsequently lead to new mechanistic assays. While serendipity continues to play a crucial role in any screen, target-directed assays appear to be a worthwhile approach in antibacterial screening.

Anti-Bacterial Agents↗

Immunomodulators.

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Adjuvants, Immunologic↗

Bioguided isolation of pharmacologically active plant components, still a valuable strategy for the finding of new lead compounds?

The position of natural products research in the drug discovery and development process nowadays is discussed. A flow chart for the study of plants used in traditional medicine, and the composition of a multidisciplinary research team for the investigation of medicinal plants are presented, and some recommendations are made for the future of bioassay-guided isolations and the use of standardised plant extracts in developing countries.

Medicine, Traditional↗